DAMNAGAR NAGAR PALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present revision is filed by the applicant-Damnagar Nagar Palika against the order dated 16-9-2006 passed by the learned Sessions Judge, Amreli, in Criminal Revision Application No. 37 of 2005 whereby the order dated 30-8-2005 passed by the learned Sub-Divisional Magistrate, Amreli in Case No. 1 of 2004 was quashed and set aside.

(2.) THE facts in short are that a complaint was lodged before the learned Sub-Divisional Magistrate, Amreli, by the Circle Police Inspector, Amreli, against the present respondents Nos. 3 and 4 as well as Sarpanch, Damnagar Gram Panchayat, Taluka Lathi through the Deputy Superintendent of Police, Amreli, which was numbered as Case No. 1 of 2004 stating that in a mosque known as Mota Pir Darga situated at Village Damnagar, Taluka Lathi, people from both the Hindu as well as Muslim communities used to come for prayers. The respondent No. 4, who is the President of Samasta Sunni Muslim Samaj, Damnagar, Jumma Mazjid, is carrying on the administration and management of affairs of said mosque and as the question regarding ownership of said mosque has arisen between both the communities, the present complaint is filed for a decision as to the ownership of the said mosque.

(3.) ON affording opportunity of hearing to the concerned parties, learned Sub-Divisional Magistrate vide order dated 30-8-2005 passed in Case No. 1 of 2004 ordered that ownership of the disputed structure and land is of Damnagar Nagar Palika which shall carry on the administration and management of the affairs of the said mosque and land. It was also ordered that the Damnagar Nagar Palika shall not transfer, assign or alienate the said ownership to any other person without the prior permission of the competent authority and shall also keep the land open for worship to the people of both the communities.