MARKANDEY KATJU, GYAN SUDHA MISRA
Raja Khan – Appellant
Versus
U. P. Sunni Central Waqf Board – Respondent
ORDER
Heard learned counsel for the petitioner.
2. “Something is rotten in the State of Denmark”, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court, as this case illustrates.
3. This petition has been filed against the impugned judgment passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No. 973 of 2010. By that judgment the ex-parte interim orders of the Single Judge of the High Court dated 11.6.2010 and 18.6.2010 passed in Writ Petition No. 34595/2010 have been set aside.
4. The brief facts of the case are that there is a Dargah known as ‘Dargah Hazrat Syed Salar Masood Ghazi R.A.’ in district Bahraich, U.P. which is managed by the Committee of Management of Waqf no.19.
5. The petitioner claims to be the proprietor of circuses e.g. Great Gemini Circus, Apollo Circus, Raj Mahal Circus and Asiad Circus, and also runs a Jhoola (cradle) for entertaining the public at large. The petitioner does touring and runs the aforesaid circuses and jhoola in ‘Melas’ and other places of public gathering.
6. In the aforesaid dargah a Mela is held in the month of Jeth, known as ‘Jeth Mela’, Bahraich
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