The Chhattisgarh High Court has observed that the Court cannot decide under PIL jurisdiction as to when a Hindu can execute will or a Muslim can dedicate property to the Waqf.
The Division Bench of Acting Chief Justice Prashant Kumar Mishra and Justice Rajani Dubey was hearing a PIL filed by one Saiyad Iqbal Ahamed, seeking a declaration/clarification of the legal position that the Nazul property (leasehold lands) cannot be dedicated for Waqf for the reason that the lease holder is simply a user and the ownership remains with the government.
While considering the petition on August 13, the High Court held that the writ courts ordinarily do not decide abstract principles of law. If a proper lis is brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court will decide the legal position.
“In PIL jurisdiction, this Court cannot embark upon decision-making process to hold as to when a Hindu can execute a will or as to when and which property a Muslim can dedicate for waqf, as such matters are decided in an individual petition,” the Court observed.
The Court disposed of the PIL, reserving liberty in favour of the petitioner to agitate the issue in an appropriate lis, wherein, the subject issue is involved on the facts of the case.