The Madhya Pradesh High Court has dismissed a PIL seeking to restrain respondent No.2 (Lakshman Bag Society) from constructing a pillar on the land which belongs to respondent No.3 (Masjid Badshahi) and respondent No.4 (Madhya Pradesh Waqf Board).
The PIL has been filed by one Islam Ahamad.
Susheel Kumar Tripathi , counsel for the petitioner submitted that the land bearing surveyNo.1051 area 1.2180 hectares located at Rewa belongs to respondents No. 3and 4. Masjid Badshahi, Shahi Eidgah, Sukrushah Tomb, Tomb of Hazi AbdulKuddus Baba, Tomb of Sayed Lal Mohammed Baba, old Graveyard and three other tombs are also situated on that land. Respondent No.2 is constructing a welcome gate and he is also constructing one pillar of that gate on the land belonging to respondents No.3 and 4.
Respondent No.2 has no right to construct the pillar on the said land. Due to the act of respondent No.2, there is possibility of disrupting communal harmony. The matter relates to the public interest. So, the petition be allowed and respondent No.2 be restrained from constructing the pillar on the land , alleged the Petitioner.
The Division Bench of Chief Justice Ravi Malimath and Justice Rajeev Kumar Dubey noted as per the averments made by the petitioner himself, the said land on which the pillar is being constructed by respondent No.2 belongs to respondentNo.3 / respondent No.4 .
So, in the considered opinion of the High Court, the petitioner has no locus standi to file this petition who is a stranger. The Madhya Pradesh Waqf Board is competent to take legal action, if any, if it’s right is infringed. Hence, the Court is not inclined to entertain the petition filed by the petitioner.