p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22704 OF 2024 Md. Takiur Rahman …. Petitioner Mr. Shaik Abdul Nayeem, Advocate -versus- Odisha Board of Waqf, Cuttack … Opposite Party Mr.Md. Fayaz, Advocate Mr. Mihir Kumar Dash, Advocate (Intervenor) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 10.03.2026 W.P.(C) No.22704 of 2024 & I.A. No.15455 of 2024 03. 1. This matter is taken up through hybrid mode. 2. Objection filed by the Writ Petitioner received from the Registry and is taken on record. 3. At the time of hearing of the interim application for intervention, it was brought to our notice that in W.T.(O.A) No.1 of 2015 pending before the Waqf Tribunal, Cuttack, I.A. No. 1 of 2015 at the instance of the Intervenor-Petitioners has been filed for injunction. An order of status quo has been passed in the said case. 4. Mr. Nayeem, learned Counsel for the Petitioner brought to our notice that the Petitioner has also filed I.A. No.6 of 2015 for injunction and permission to complete the construction of boundary wall of the Idgha in question has been granted. 5. It appears that both the Petitioner and Intervenors are in litigating term with regard to the correctness of recording of the p. 2 consolidation Plot Nos.1181 and 1182 of Khata No.448, in Mouza- Akarpada under Dasarathpur Tahasil in the district of Jajpur. 6. This Writ Petition has been filed seeking for a relief to permit the Petitioner, namely, Md.Takiur Rehman to construct a new Mosque in the aforesaid plots by demolishing the old mosque. 7. Since W.T.(O.A) No.1 of 2015 is pending before the Waqf Tribunal in respect of the aforesaid plots, this Court without delving into the merit of the writ petition disposes of the same with an observation that the Petitioner, if so advised, may reiterate his prayer made in this Writ Petition before the Waqf Tribunal in W.T.(O.A) No.1 of 2015. 8. In that event, learned Tribunal shall do well to entertain such application providing opportunity of hearing to the parties concerned. 9. We make it clear that this Court has not expressed any opinion on the merits of the case of either of the parties. 9. With the aforesaid observation and direction, the Writ Petition is disposed of accordingly. 10. All interim applications are disposed of accordingly. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Prasant Judge Designation: Secretary Location: High Court of Orissa, Cuttack.