Neutral Citation No. - 2025:AHC-LKO:12415-DB Court No. - 2 Case :- WRIT - C No. - 1882 of 2025 Petitioner :- Waqf Elahi Khanum Thru. Mutawalli Iftikhar Abbas Respondent :- State Of U.P. Thru. Distt. Magistrate /Waqf Commissioner Sultanpur And 3 Others Counsel for Petitioner :- Mohd. Kumail Haider,Iqbal Ahmad Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the petitioner, Shri Syed Aftab Ahmad, learned Counsel for the opposite party No.3 and learned Standing Counsel for the State. 2. A writ of mandamus has been sought against private persons, therefore, the writ is not maintainable. If the property in question is a Waqf property as claimed then there are remedies prescribed, which can be availed by the Mutawalli of the Waqf as per law. If the U.P. Shia Central Waqf Board has already referred the matter to the Waqf Tribunal then the same would look into the matter, however, as of now it is stated that the Waqf Tribunal is non functional due to lack of coram but we cannot, in such a case, adjudicate such dispute under Article 226 of the Constitution of India, which is essentially between private parties and requires evidence to be adduced. We have already taken cognizance of non functioning of Waqf Tribunal in Writ C No.539 of 2025 (Raees Ahmad & Another vs. U.P. Sunni Central Waqf Board and Ors.) which is posted on 17.03.2025 and we are hopeful that the Waqf Tribunal would become functional soon. 3. With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 28.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench