The Lucknow Bench of the Allahabad High Court has asked the petitioner to approach the District Judge while hearing the PIL filed against the Haji Waris Ali Shah Mausoleum Trust which runs the Dewa Sharif of Barabanki.
The Division Bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh passed this order while hearing a PIL filed by Mohammad Faiyaz. The PIL seeking the proper administration of the Haji Waris Ali Shah Mausoleum Trust Dewa Sharif, District Barabanki. A further prayer has been made for the appointment of a high-powered committee to look after the trust affairs.
It is stated that the assets of the trust, offerings and donations are required to be counted and proper arrangements to be made for visitors. The counsel for the State raised a preliminary objection regarding maintainability of the petition.
The counsel for the petitioner referred to the orders dated June 8, 2018 and July 5, 2018 passed by Supreme Court as Mrinalini Padhi v. Union of Indian and others stating that such an issue can be examined in a public interest litigation.
“A perusal of order dated July 5, 2018 passed in Mrinalini Padhi case shows that aggrieved parties have remedy to file proper application before the District Judge concerned under Section 92 of the Code of Civil Procedure, 1908 for examining the issue raised and if necessary, he/she can send a report to the High Court concerned. If any such report is received, the High Court will consider those aspects in public interest in accordance with law. It is not in dispute that the petitioner has not yet approached the District Judge concerned,”
-the Court observed.
“In terms of the orders passed by Supreme Court in Mrinalini Padhi case, proper remedy has been provided to deal with such issues, we relegate the petitioner to avail of the said remedy,” the Court said while disposing of the petition.