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We Cannot Decide Under PIL Jurisdiction As To When A Hindu Can Execute Will Or Muslim Can Dedicate Property For Waqf: Chhattisgarh HC

Nupur Thapliyal
24 Aug 2021 3:37 AM GMT
We Cannot Decide Under PIL Jurisdiction As To When A Hindu Can Execute Will Or Muslim Can Dedicate Property For Waqf: Chhattisgarh HC
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The Chhattisgarh High Court has observed that a High Court, while exercising it's Public Interest Litigation jurisdiction, cannot decide the question as to when a Hindu can execute a will or a Muslim can dedicate property for waqf.Acting Chief Justice Prashant Kumar Mishra and Justice Rajani Dubey reasoned that such questions can only be decided by way of individual petitions and not PILs."In...

The Chhattisgarh High Court has observed that a High Court, while exercising it's Public Interest Litigation jurisdiction, cannot decide the question as to when a Hindu can execute a will or a Muslim can dedicate property for waqf.

Acting Chief Justice Prashant Kumar Mishra and Justice Rajani Dubey reasoned that such questions can only be decided by way of individual petitions and not PILs.

"In PIL jurisdiction, this Court cannot embark upon decision making process to hold as to when a Hindu can execute a will or as to when and which property a Muslim can dedicate for waqf, as such matters are decided in an individual petition," the Court said.

The Court was dealing with a PIL wherein the petitioner had prayed for a declaration or clarification of the legal position that a Nazul property (lease hold lands) cannot be dedicated for waqf for the reason that the lease land holder is simply a user and the ownership remains with the Government.

"The writ Courts ordinarily do not decide abstract principles of law," the Court added.

The Court was also of the view that if a proper lis was brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court would decide the legal position.

In the aforesaid view of the matter, the PIL is disposed of reserving liberty in favour of the petitioner to agitate the issue in an appropriate lis, wherein, the subject issue is involved on the facts of the case.

Title: Saiyad Iqbal Ahamed Rizvi v. The State Of Chhattisgarh & Ors.

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