Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard Sri Virendra Kumar Shukla, learned counsel for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State.
The present writ petition has been filed by the petitioner, namely, Khaleel Ahmad with the following prayer :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding thereby directing the opposite party no.1 to restrain the opposite party no.3 not to made any construction over the land of Juma Masjid including adjacent land situated in the village of Rampur Katra, Bhavanipur, Tehsil- Sirauligauspur, District Barananki."
Upon perusal of the pleadings and the material brought on record, it appears that it is a dispute between the petitioner and the respondent no.3. Apparently the petitioner is the waqf and in light of the averments made in the writ petition, it appears that the respondent no.3 is making an encroachment against which the petitioner is aggrieved.
Be that so the petitioner has efficacious and statutory remedy available to him in terms of Section 54 of the Waqf Act, 1995. Since, the matter involves disputed questions and also for the reasons the petitioner has a statutory and alternative remedy, we are not inclined to entertain the aforesaid petition. Accordingly, the writ petition is dismissed solely on the ground of availability of alternative remedy. The petitioner shall be at liberty to avail the remedy as may be available to him in law.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Anand/-