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2025 DAILYLAW 109919 (ALL)

MOHTASHIM HAIDER v. STATE OF U.P. AND 5 OTHERS

WRIC/43193/2024 · 2025-02-13

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21779-DB Court No. - 29 Case :- WRIT - C No. - 43193 of 2024 Petitioner :- Mohtashim Haider Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sarve Nazir,Zafar Abbas Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Heard learned counsel for the petitioner and learned counsel for the State-respondents. This petition has been filed with the prayer to direct the respondent no.6 to register the waqf property under Section 37 of the Waqf Act, 1997 and direct respondent nos. 2 to 6 to locate and enter the waqf in revenue records. It is undisputed that a waqf is registered with the respondent no.6 which has been accorded Registration No.- I1488. The Court has also recorded the property, which is shown in the name of the Waqf Board. The petitioner contends that certain additional properties are also owned by the waqf and that in the revenue records as well as in the records of the board such properties be also incorporated as being owned by the waqf. On the previous occasion, instructions were invited from learned Standing counsel for the State. Learned Standing counsel for the State has obtained instructions according to which, the property is now claimed by the petitioner which belongs to the waqf or the actual possession of other persons who have been recorded as bhumidars. From the materials placed on record, it transpires that the petitioner wants a declaration with regard to certain bhumidhari property recorded in the name of other individuals which belong to the waqf. For such purposes a declaration would be required from a competent civil court. In the facts of the present case, remedy would thus be to approach the competent civil court/ Tribunal for necessary declaration with regard to such property belonging to the waqf in question. No direction in the writ petition can be issued. The writ petition is disposed of, accordingly. Order Date :- 14.2.2025/Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad