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2024 Supreme(Online)(DEL) 17167

HIGH COURT OF DELHI
DELHI WAQF BOARD THROUGH AR MAQSOOD AHMAD IMAM – Appellant
Versus
UNION OF INDIA AND ORS. – Respondent


Advocates:
JANAK RAJ RANA

O R D E R

% 02.09.2024

1. The petitioner in the instant writ petition prays for direction to the respondents to allow the access of the petitioner in the Old Mosque at MOR line, Delhi Cantonment allegedly situated in the premises of 1 Air Formation Signal Regiment, Delhi Cantonment 110010, without any restriction till the pendency of the suit bearing Muslim Law No. 2/23 titled as Maqsood Ahmad v. Union of India and Ors., which is pending adjudication before the Additional District Judge-02 and Waqf Tribunal, Patiala House Court, New Delhi.

2. Learned counsel appearing for the petitioner submits that his civil suit is still pending along with the application under Order XXXIX Rule 1 and 2 of Civil Procedure Code, 1908 and in absence of notification of the Waqf Tribunal under Section 83 of the Waqf Act, 1995, the proceedings before the concerned Tribunal could not be conducted. Learned counsel further submits that the petitioner is continuously performing prayer since 1988 as Imam and therefore, the respondents be directed to not create any hindrance in continuous offering of prayer by the petitioner. He further submits that vide Gazette notification dated 10.12.1969 which was publishe

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