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IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 36 OF 2005

1. Azim Khan

Son of Abdul Gaffur Khan,

63 years of age, married,

Indian National, Engineer,

resident of Villa Morgado,

Baina, Vasco-da-Gama, Goa.

2. Saifulla Khan,

son of Bashir Khan,

38 years of age, married,

Indian National, businessman,

resident of Mangor,

Vasco-da-Gama, Goa.

3. Abdul Majid Khan,

son of Abdul Rehman Khan,

46 years of age, married,

Indian National, businessman,

resident of Islampura, Baina,

Vasco-da-Gama, Goa.

4. Shaikh Idris,

son of Shaikh Abdulla,

45 years of age, married,

Indian National, businessman,

resident of Sasmolem, Baina,

Vasco-da-Gama, Goa.

5. Bashir Khan,

son of Imam Khan,

63 years of age, married,

Indian National, businessman,

resident of Mangor Hill,

Vasco-da-Gama, Goa.

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6. Shaikh Imran,

son of Shaikh Dawood,

44 years of age, married,

Indian National, businessman,

resident of Islampura, Baina,

Vasco-da-Gama, Goa. ... Petitioners

versus

1. Levinson J. Martins,

Dy. Collector & Sub-Divisional

Magistrate, Office of the Dy.

Collector & Sub-Divisional

Magistrate, Mormugao,

Vasco-da-Gama, Goa.

2. Farooq Ahmed Shaikh,

son of Shaikh Daud,

73 years of age,

married, Indian National,

resident of Baina,

Vasco-da-Gama, Goa.

3. Abdul Razak,

son of Dastagirsab Nagarchi,

65 years of age, resident of

Zuari Complex, Baina,

Vasco-da-Gama, Goa.

4. Badre Alam Khan,

son of Anjum Khan,

40 years of age,

married, Indian National,

Trustee, resident of Baina,

Vasco-da-Gama, Goa.

5. Shaikh Mustaq Ahmed,

son of Farooq Ahmed Shaikh,

30 years of age, married,

Indian National, resident of

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Baina, Vasco-da-Gama,

Goa.

6. Dastigir Bepari,

25 years of age, married,

Indian National, resident

of Katem, Baina, Vasco-da-Gama,

Goa.

7. Hamza Khan,

45 years of age, married,

Indian National, resident of

Baina, Vasco-da-Gama, Goa.

8. State,

through Public Prosecutor. ... Respondents

Mr. S. G. Dessai, Senior Advocate with Mr. K. Kashalkar,

Advocate for the Petitioners.

Ms. W. Coutinho, Public Prosecutor for the Respondent Nos.1

and 8.

Mr. A. D. Bhobe, Advocate for the Respondent Nos.2 to 7.

CORAM : N. A. BRITTO, J.

DATE : 2ND AUGUST, 2006.

ORAL JUDGMENT

Heard Mr. S. G. Dessai, the learned Senior Counsel on

behalf of the petitioners and Mr. A. D. Bhobe, the learned

Counsel on behalf of the respondent nos.2 to 7.

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2.

This petition was filed to assail the Order dated

6-10-2005 of the learned Sub-Divisional Magistrate, Vasco-da-

Gama.

3.

The dispute between the parties is regarding the

management of a mosque built on Chalta No.201 under P.T.

Sheet No.155. There is no dispute that initially the said

property was purchased by Sale Deed dated 14-6-1991 by 6

persons, namely the first and the fifth petitioners, the second

and the third respondents, Mohamed Yusuf Menon and Ismail

Khan and later with individual contributions as well as with

public donations a Mosque/Masjid was erected in the year 1992

under the leadership of Farooq Ahmed Shaikh(respondent no.2)

and a room for the residence of Pesh-imam was constructed.

Although the said property was purchased with a view to form a

trust, to be known as Tanzime Ahle Sunnat, the same was never

formed nor registered but petitioner nos.1, 3, 5 and 6 formed a

Society on or about 21-10-2003 known as Intizamia Committee

of Masjid-e-Taiba and its name was subsequently changed into

Intizamia Committee of Sunni Masjid-e-Taiba & Madersa-e-

Ghausia. The real disputes between the petitioners and the

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respondents presumably started aroun