Court No. - 40
Case :- WRIT - C No. - 25373 of 2021 Petitioner :- Sikandar And Another Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- C.S.C.,Punit Kumar Gupta,Rahul Mishra,Sanjay Kumar Pandey
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
This petition has been filed with the allegation that land of Khasra No.3289 is Kabristan and the private respondents by manipulating records have got a Waqf registered on the same plot and are attempting to make encroachment over the land in question.
From the materials placed before the Court, it appears that there is a dispute as to whether the land forms part of Waqf or not?
Such issues can always be got examined by the Waqf Tribunal under Section 83 of the Waqf Act, 1995. Factual dispute in that regard need not be examined by this Court at the first instance. Order passed by the Waqf Board can also be challenged in such proceedings.
Leaving it open for the petitioner to institute appropriate proceedings under Section 83 of the Waqf Act, 1995, this petition is consigned to records.
It is, however, provided that in the event, such proceedings are instituted, the Tribunal would make all endeavors to conclude the proceedings expeditiously, without granting unnecessary adjournments to the parties.
Order Date :- 17.12.2021 Bhaskar