Indore (Madhya Pradesh): Muslim Samaj Kdhar, which had moved against the Madhya Pradesh High Court over Imambada land dispute case, withdrew its petition from the Supreme Court.
The division bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the petition as withdrawn.
Previously, Indore bench of MP High Court dismissed a writ petition filed by Muslim Samaj Kdhar through its president Abdul Samad Khan, challenging an eviction order passed by the sub-divisional officer (SDO), Dhar, under the Madhya Pradesh Lok Parisar (Bedakhli) Adhiniyam, 1974.
The petitioners had argued that the land in question, where the Imambada is situated, had been under the ownership and possession of the Muslim community since the era of the princely state, and that the SDO lacked jurisdiction to decide issues of title under the 1974 Act.
However, the State, represented by Deputy Advocate General Shrey Raj Saxena, countered that the writ petition was not maintainable because the Adhiniyam provides for an appeal before the Commissioner under Section 9.
The government further pointed out that the issue of title had already been adjudicated in earlier civil proceedings, including First Appeal No. 196 of 1978, where it was established that the land belonged to the State.
A division bench comprising Justice Vivek Rusia and Justice Binod Kumar Dwivedi agreed with the State’s contention. Referring to the earlier precedent in Gayyur Beg vs. Nagar Palika Neemuch (2004), the Court held that mere possession without proven title does not confer legal rights and that the remedy lies in filing an appeal, not in invoking writ jurisdiction.
The bench observed: “Since the petitioner has the remedy of appeal under Section 9 of the Adhiniyam, we do not find any ground to entertain this writ petition.”
Following the HC’s order, the Muslim Samaj had moved apex court.
