Chhattisgarh Aug 24(ILNS): The Chhattisgarh High Court recently, while disposing of a Public Interest Litigation (PIL) observed that Court cannot decide under PIL Jurisdiction as to when a Hindu can execute will or Muslim can dedicate property for Waqf.
The Division Bench comprised of Acting Chief Justice Prashant Kumar Mishra and Justice Rajani Dubey heard a PIL filed by one Saiyad Iqbal Ahamed seeking a declaration/clarification of the legal position that the Nazul property (leasehold lands) cannot be dedicated for waqf for the reason that the lease landholder is simply a user and the ownership remains with the Government.
While considering the Petition the High Court held that the writ Courts ordinarily do not decide abstract principles of law. If a proper list is brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court will decide the legal position.
“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 observed.
The Court disposed the PIL reserving liberty in favor of the petitioner to agitate the issue in an appropriate list, wherein, the subject issue is involved in the facts of the case./ILNS/SS/SNG