Satyanarayan Rout v. Bhawanipatna Mosque
Case at a glance
Provisions considered
Key paragraphs
- Para 22. Petitioners in this writ petition seeks to assail the judgment dated 31st December, 2011 passed by the learned Presiding Officer, Wakf Tribunal, Cuttack in Case No. WT(O)/OA-03 of 2010 (Annexure-1) wherein the suit land was declared to be the wakf property and it is…
- Para 55. None appears for the Petitioners at the time of call. In that view of the matter, the writ petition stands dismissed for non-prosecution.
Judgment
Mr. Arun Kumar Mishra, Advocate (for Opposite Party No.1) Mr. Md. Fayaz, Advocate (for Opposite Party No.2) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER 08.09.2025 Order No.
This matter is taken up through hybrid mode.
Petitioners in this writ petition seeks to assail the judgment dated 31st December, 2011 passed by the learned Presiding Officer, Wakf Tribunal, Cuttack in Case No. WT(O)/OA-03 of 2010 (Annexure-1) wherein the suit land was declared to be the wakf property and it is held that the Defendant Nos. 1 to 5 (Petitioners herein) have no right, title and interest over the same. They were also permanently injuncted from entering into and interfering with the peaceful possession of the Plaintiff- Mosque over the suit property. The defendants were directed to remove the encroachments, failing which the Wakf Board was given the liberty to file requisition to the Collector to recover the wakf property and remove encroachments of the suit land. The Petitioners also assail the order dated 26th December, 2011 (Annexure-2) passed by the Wakf Tribunal in an application filed by the present Petitioners under Order-7 Rule-11 of the CPC to reject the plaint in the aforesaid OA.
Order-sheet discloses that notices were issued by this Court on 10th January, 2012 and an interim order was passed staying operation of the judgment dated 31st December, 2011 (Annexure-1). Subsequently, the writ petition was dismissed vide order dated 13th July, 2022 due to non-appearance of the Petitioners. However, the writ petition was restored to file vide order dated 18th August, 2025 passed in CMAPL No.630 of 2022 and the matter has been posted today for hearing.
None appears for the Petitioners at the time of call. In that view of the matter, the writ petition stands dismissed for non-prosecution.
It is made clear that the interim order dated 10th January, 2012 passed in Misc. Case No.453 of 2012 is not operating in the writ petition. RKS Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 08-Sep-2025 19:48:29 (K.R. Mohapatra) Judge (Savitri Ratho) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.