NAND KISHOR SURJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the petitions involve common facts and question of law, thus they are being disposed of by this common order.

(2.) W.P. No. 3298/2000 is filed by the Secretary of the Gayatri Shikshan Samiti, Rajnandgaon, and Vice President of the Patel Nagar Grih Nirman Sahkari Sanstha Maryadit, Rajnandgaon, against the State, Director, Assistant Director, Town and Country Planning, Secretary Local Self Government, Municipal Corporation, Rajnandgaon, Collector (Nazul), Rajnandgaon, Dawoodi Bohra Jamat Anjuman-EEzzi, Rajnandgaon, and the Presiding Officer of the State Wakf Tribunal, and one Private respondent viz.Ali Asgar. W.P. No. 648/2001 is filed by the Managing Trustee, Gayatri Pariwar Trust, President, Patel Nagar Grih Nirman Sahkari Sanstha Maryadit, and the Principal, Jamuna Lalita Manik Gayatri Vidyapeeth, Rajnandgaon, against the respondents, as arrayed in other petition.

(3.) In the beginning of the pleadings, (in W.P. No. 3298/2000), the petitioners clearly state that the petition is not against any particular order but for a direction to the respondents to clear the 80 feet road marked in saffron colour in the map (Annexure P/3), however, in the relief clause the petitioner seeks several directions, firstly, to quash the proceedings pending before the State Wakf Tribunal (for short, "the Tribunal") in case No. 18/2000 (Ali Asgar v. State of M.P. and others), secondly, to set aside Annexure P-14, i.e. the petition of the respondent No. 10 before the Tribunal, for grant of permanent injunction against interference with the construction of wall to protect Bohra Mosque Jamat Khana etc. and the interim order dated 28.04.2000 (Annexure P15) passed by the Tribunal wherein a temporary injunction against interference with the construction with the wall for safety of the graveyard, was granted. Thirdly, a direction to the respondent No. 1 to 7 to clear the notified 80' road from encroachment and also to construct the approach road from Power House to Patel Nagar and Gayatri Vidya Peeth.