The Hindu : Karnataka / Bangalore News : HC dismisses mosque plea on land

Online edition of India's National Newspaper
Saturday, Jul 07, 2007
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Karnataka

Karnataka - Bangalore

HC dismisses mosque plea on land

Staff Reporter

BANGALORE: The Karnataka High Court on Friday dismissed a petition by the Dargah-e-Hazrath Syed Sultan Shah Kadri of Shivajinagar claiming ownership of a land adjoining it.

The dargah had challenged the khata entry of the property in favour of the Government and also the City Survey Extract of April 23, 2007 by the Assistant Director of Land Records. It had filed an interlocutory application (IA) urging the court to restrain the Government from putting up any structure on the land.

The petitioner said the tomb of Syed Sultan Khadri, dargah and mosque were situated on the southern extremity of Blackpalli Road which was subsequently renamed as Hospital Road. It said the entire area, popularly known as Chotte Maidan, was given to the dargah by the then rulers.

It disputed the Government’s claim on ownership of the land.

On its part, the State said the land belonged to it and that it had all records to prove its ownership. It said the land was being used by the Bowring and Lady Curzon Hospital. It said a hostel for post-graduate students of the hospital was being constructed.

Upholding the contentions of the State, Justice B.S. Patil said it is clear from the khata extract that the khata stands in the name of the Government.

He said the petitioner had not come forward with the true facts of the case and that it has suppressed facts relating to the entries made in the favour of the Government from 1977 in the khata pertaining to property number 42.

He said that original khata records made available to the court disclose that while property no 41 belongs to the dargah, property no 42 belongs to the Government. He said that the assertions made during the course of arguments that the petitioner has no knowledge of such entries and that they have been made behind its back is only an afterthought.

Saying that the writ petition is devoid of merits, Mr. Patil dismissed the petition.

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