Supreme Court - Daily Orders
State Of Up vs Sahid Ali Khan on 31 July, 2015
Bench: Ranjan Gogoi, N.V. Ramana
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.5872-5873 OF 2015
(@ SPECIAL LEAVE PETITION (CIVIL) NOS. 30208-30209 OF 2014)
STATE OF UP AND ORS ...APPELLANT(S)
VERSUS
SAHID ALI KHAN AND ANR ...RESPONDENT(S)
O R D E R
Leave granted.
The challenge herein is against the interim order of the High Court by which a Hon'ble retired judge of the High Court has been appointed as Receiver of the property; has been asked to carry out day-to-day activities of the Trust and also to prepare a Scheme. In our considered view, the interim order is of a sweeping nature and has the effect of rendering the writ petition infructuous, which will be the inevitable consequence of preparation of the scheme.
Additionally the learned counsel appearing on behalf of Respondent No.2 has informed the Court Signature Not Verified Digitally signed by Madhu Bala Date: 2015.08.03 16:12:22 IST that the Shia Wakf Board has now been Reason: constituted. In view of the aforesaid, we set aside the order of the High Court and remit the 2 matter to the High Court for consideration of the writ petition on merits. We request the High Court to expedite the matter. All contentions are left open and it must not be understood that we have expressed any opinion on merits.
The appeals are disposed of in the above terms.
…...............J. [RANJAN GOGOI] NEW DELHI …...............J. 31st JULY, 2015 [N.V. RAMANA] 3 ITEM NO.48 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal(C) No(s). 30208-30209/2014 (Arising out of impugned final judgment and order dated 18/09/2014 in WP No. 9288/2014,27/10/2014 in WP No. 9288/2014 passed by the High Court Of Judicature at Allahabad) STATE OF UP AND ORS Petitioner(s) VERSUS SAHID ALI KHAN AND ANR Respondent(s) (With appln. (s) for stay and office report) Date : 31/07/2015 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Salman Khursheed,Sr.Adv.
Mr. Irshad Ahmad,AAG Mr. M. R. Shamshad,Adv. Mr. Aditya Samaddar,Adv.
For Respondent(s) Mr. Asim Chandra,Adv.
Mr. Farrukh Rasheed,Adv. Mr. Ashish Sharma,Adv.
Mr. Anurag Kishore,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(MADHU BALA) (ASHA SONI)
COURT MASTER COURT MASTER
(Signed order is placed on the file)