Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
RESPECTED SIR,
I AM SYED LIYAKAT ALI (MUTAWALLI) KHANKAH NIZAMIYA MAZAR AGHA CHOWK JABALPUR (M.P.) THE DARGAH KHANKAH NIZAMIYA MAZAR AGHA CHOWK IS REGISTERED IN WAQF BOARD BHOPAL (M.P.) ACT 1995 . THE DARGAH HAS REGISTRY AND MAP PASSED FROM THE GOVT. IN YEAR 1920 NOW IN PAST FEW YEARS THE GOVT. HAS STARTED THE MASTER PLAN IN JABALPUR IN WHICH THE ROADS ARE BECOMING WIDER THE GOVT. HAS BROKEN ALL THE RELIGIOUS PLACES WHICH DOESN'T HAVE REGISTRY OR OWNERSHIP BUT THE DARGAH KHANKAH NIZAMIYA HAVE REGISTRY AND MAP PASSED.BUT THE GOVT. WANTS THE LAND OF THE DARGAH ALSO BUT WE DIDN'T WANT TO GIVE IT TO GOVT. BECAUSE THERE IS NO ENCROACHMENT FROM US.
WE HAVE FILED A PETITION IN THE HIGH COURT OF M.P. AND THE CHIEF JUSTIS HAS GIVEN A STAY ORDER TO THE DARGAH IN 2006. NOW IN JULY 2011 THE CASE RE-OPEN AND THE JUSTIS HAS GIVEN ORDER TO THE COMMISSIONER OF MUNICIPAL CORPORATION JABALPUR AND MUTAWALLI OF DARGAH TO DO COMPROMISE FOR THE DARGAH PLACE. BUT WE DIDN'T WANT TO DO ANY TYPE OF COMPROMISE.BECAUSE ACCORDING TO MUSLIM LAW THERE IS A DARGAH WHICH CAN NOT BE SHIFTED. IN THE HIGH COURT IF WE SAY THAT WE DIDN'T WANT TO DO ANY TYPE OF COMPROMISE THAN WHAT DECISION JUSTICE WILL GIVE ACCORDING TO YOU.AND WILL THE HIGH COURT GIVE US TIME TO FILE A PETITION IN THE SUPREME COURT OF INDIA.
WE HAVE TO APPEAR IN THE HIGH COURT ON 09/09/2011. SO PLEASE GIVE A SUGGESTION WHAT TO DO IN THIS MATTER.PLEASE REPLY FAST.
YOUR SINCERELY. SYED LIYAKAT ALI (MUTAWALLI) KHANKAH NIZAMIYA MAZAR AGHA CHOWK.
prabhakar singh
(Expert) 05 September 2011
better is known to high court alone ,however any of the loosing party shall have a chance to go to the supreme court.
And if you want to know my personal opinion then living in a democracy the need of public and interest of public is supreme should be every body thinking including courts,and nothing should be allowed to prevail against public interest.
Raj Kumar Makkad
(Expert) 05 September 2011
I agree with prabhakar singh.
Devajyoti Barman
(Expert) 05 September 2011
Any court including high court or the supreme court can only suggest the warring parties for making compromise but can not force any of them to actually do the compromise. So if you do not want amicable settlement then fight it out in the court and wait for the order to decide the next course of action. Your refusal to d compromise would not mean refusal to accept the direction of the court.
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