Shri. Salikur Raja Khan v. The Jame Masjit Committee and 10 Ors

ORDER Date : 31-05-2023 (K.Sema, J) Heard Mr. V. Devnath, learned counsel for the applicant and Mr. P.B. Paul, learned counsel for the respondents. The present application has been filed seeking for modifying the status quo order dated 17.10.2011 passed in CMC No. 4(K)/2011 arising out of RFA No. 6(K)/2011 and for allowing the applicant/appellant to renovate/repair the shop premises. On 26.04.2023, this Court had directed spot verification of the building located at the MP Road under the occupation of M/S Linkwell, and to file report on the status of the building for consideration of the application. In terms of the order dated

26.04.2023 passed by this Court, the Administrator, Dimapur Municipal Council, Nagaland, has by the letter dated 29.05.2023 submitted the Verification Report. The Verification Report is reproduced as under:-"VERIFICATION REPORT In reference to the subject cited above, I am to furnish herewith the site report that was carried out on 25/05/2023 at Page No.# 6/6 12:00 noon. The site was verified along with the GB of ward 19 in the presence of both the parties and on verification, it was observed that there is no roof in the said shop. The beam and front shutter and the walls are intact. This is for your perusal and information." It is apparent from the Verification Report that the shop verified has no roof however, the beam, front shutter and the walls are intact. Mr. V. Devnath, learned counsel for the applicant submits that the shop under the occupation of M/S Linkwell being an old house, the roof of the shop fell by itself. This submission of the learned counsel for the applicant has been strongly objected by Mr. P.B. Paul, learned counsel for the respondents by making a submission that it was the applicant, who himself has dismantled the roof to change the structure of the shop. Be that as it may, the Verification Report submitted by the Administrator, Dimapur Municipal Council, Dimapur, Nagaland, clearly states that there is no roof in the shop. In view of the report submitted the applicant shall put a new roof to the house without changing the structure of the shop either externally or internally in any manner whatsoever. The construction of the roof of the shop shall be carried out in the presence of the Administrator, Dimapur Municipal Council or his representative and in the presence of the respondents, i.e. the Jama Masjid. The roof of the shop shall be constructed as early as possible, but not later than two weeks from today. The application seeking for modifying the status quo order dated 17.10.2011 and allowing the applicant/appellant to renovate/repair the shop premises is accordingly rejected. The application accordingly stands disposed. Sd/-Sd/-

JUDGE JUDGE Comparing Assistant

Page No.# 1/6 GAHC020001262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/39/2023 SHRI. SALIKUR RAJA KHAN S/O LATE ATIKUR RAJA KHAN, PERMANENT RESIDENT OF H.NO-52, DMC ZELIANGRONG VILLAGE AND ALSO OF H. NO. 418, MHALIE PESIEYE ROAD, DIMAPUR NAGALAND VERSUS THE JAME MASJIT COMMITTEE AND 10 ORS DIMAPUR, REPRESENTED JOINTLY, COLLECTIVELY AND INDIVIDUALLY BY THE RESPONDENTS/DEFENDANTS Advocate for the Petitioner : V. DEVNATH Advocate for the Respondent : Linked Case : I.A.(Civil)/30/2023 THE JAME MASJID COMMITTEE AND 10 ORS REPRESENTED BY ITS PRESIDENT VERSUS SHRI SALIKUR RAJA KHAN S/O LATE ATIKUR RAJA KHAN H.NO. 52 ZELIANGRONG VILLAGE DIMAPUR NAGALAND Page No.# 2/6 ------------ Advocate for : P. B. PAUL Advocate for : appearing for SHRI SALIKUR RAJA KHAN Linked Case : RFA/6/2011 SHRI SALIKUR RAJA KHAN S/O LATE ATIKUR RAJA KHAN PERMANENT R/O H/NO.52 DMC ZELIANGRONG VILLAGE AND ALSO H/NP 418 AT MHALIE PESIEYE ROAD DIMAPUR VERSUS THE JAME MASJID COMMITTEE DIMAPUR AND 19 ORS REPRESENTED JOINTLY COLLECTIVELY AND INDIVIDUALLY BY THE RESPONDENTS/ DEFANDANTS 2:MD. HALIM KHAN PRESIDENT JAME MASJID COMMITTEE DIMAPUR 3:MD. AHIDUR RAHMAN WORKING PRESIDENT JAME MASJID COMMITTEE DIMAPUR 4:ATAUR RAHMAN VICE PRESIDENT JAME MASJID COMMITTEE DIMAPUR 5:MD. ISRABUL ABDIN TALUKDAR GENERAL SECRETARY PageoNo.#o3/6 JAME2MASJID2COMMITTEE 2DIMAPUR 26:MD.2NAZIM2UDDIN2CHOWDHURY JOINT2SECRETARY JAME2MASJID2COMMITTEE 2DIMAPUR 27:MD.2ZIAUR2RAHMAN TREASURER JAME2MASJID2COMMITTEE 2DIMAPUR 28:MD.2MONIUL2ISLAM EXECUTIVE2MEMBER JAME2MASJID2COMMITTEE 2DIMAPUR 29:KHOIRUL2ISLAM EXECUTIVE2MEMBER JAME2MASJID2COMMITTEE 2DIMAPUR 210:MD.2MOKSSUD2AHMED2CHOUDHURY EXECUTIVE2MEMBER JAME2MASJID2COMMITTEE 2DIMAPUR 211:MD.2ABDUL2BASIT EXECUTIVE2MEMBER JAME2MASJID2COMMITTEE 2DIMAPUR 212:MD.2KAZI2KHOIR2UDDIN EXECUTIVE2MEMBER PageoNo.#o4/6 JAME2MASJID2COMMITTEE 2DIMAPUR 213:MOHAMMAD2ALI2KHAN S/O2LATE2KHAN2SHAHEB2HAZI2MALIGUL2KHAN 2HAZI2PARK 2M.P.2ROAD 2DIMAPUR 214:FEROZ2SHAH2KHAN S/O2LATE2KHAN2SHAHEB2HAZI2MALIGUL2KHAN 2HAZI2PARK 2M.P.2ROAD 2DIMAPUR 215:RAHIM2KHAN S/O2LATE2KHAN2SHAHEB2HAZI2MALIGUL2KHAN 2HAZI2PARK 2M.P.2ROAD 2DIMAPUR 216:ADIL2KHAN S/O2SHAH2KHAN R/O2NEPALI2CHURCH 2DUNCAN2BASTI 2DIMAPUR 2NAGALAND 217:SHAH2NAWAS2KHAN S/O2LATE2ABDUL2ROAF2KHAN 218:FAROOQUE2KHAN S/O2LATE2SULEMAN2KHAN 219:NAUSAD2KHAN S/O2LATE2FARID2KHAN Page No.# 5/6 20:SHAJID KHAN S/O LATE GULSHA KHAN AND GRANDSONS OF LATE KHAN SHAHEB HAZI MALIGUL KHAN C/O SHRI ADIL KHAN S/O LATE SHAH KHAN RESIDING NEAR NEPALI CHURCH DUNCAN BASTI DIMAPUR ------------ Advocate for : B. DEVNATH Advocate for : P. B. PAUL appearing for THE JAME MASJID COMMITTEE DIMAPUR AND 19 ORS BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA HON'BLE MR JUSTICE MRIDUL KUMAR KALITA