Court No. - 32
Case :- WRIT - C No. - 14708 of 2019 Petitioner :- Akbar Ali Khan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan Counsel for Respondent :- C.S.C.,Punit Kumar Gupta
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs:
"I). Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3/4 to implead/enforce the order dated 13.2.2009 under Section 55 of the Waqf Act, 1995 and ensure delivery of possession to the petitioner of the Waqf property bearing Waqf No. 66-A Bareilly."
Heard learned counsel for the petitioner, Ms. Purva Agarwal, Advocate holding brief of Sri Punit Kumar Gupta, learned counsel for the Waqf Board and perused the record.
Learned counsel for the petitioner submitted that despite the order dated 13.2.2009 passed by the Waqf Board, the order is not being implemented by the Sub-Divisional Magistrate, Respondent No. 4, who is empowered under Section 55 of the The Wakf Act, 1995 to get the encroachment removed from the property/land in question with the police assistance.
Be that as it may, it is open for the petitioner to approach the Respondent No. 4, Sub-Divisional Magistrate ventilating his grievances within a period of 15 days from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire Annexures. In case, the petitioner approaches the said authority, he shall look into the matter and positively do the needful in accordance with law expeditiously preferably within 30 days after giving opportunity of hearing to the concerned parties from the date of receipt of the said representation.
With this observation, the writ petition stands finally disposed of.
Order Date :- 26.4.2019/vinay