Neutral Citation No. - 2025:AHC-LKO:16671 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1369 of 2025 Petitioner :- Sareem Sabir Respondent :- U.P. Waqf Tribunal Thru. Its Registrar 3rd Floor Jawahar Bhawan And 4 Others Counsel for Petitioner :- Shamshad Ahmad Khan Counsel for Respondent :- Syed Aftab Ahmad,C.S.C.,Farhan Habib,Mohd Adil Khan Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Syed Aftab Ahmad, learned counsel for the respondent and perused the record. 2. Supplementary short counter affidavit and supplementary affidavit filed today are taken on record. 3. The present petition has been filed by the petitioner with the following prayers: "(1) Issue an order or direction thereby directing the respondent no.1 to expedite the proceedings and decide the application for interim relief filed by the petitioner in Waqf Reference Oath Commissioner Case No. 10 of 2025, Sareem Sabir Vs. U.P. Sunni Central Board of Waqfs, Lucknow and others within such time bound period as may be deemed fit and fixed by this Hon'ble Court. (ii) Issue an order or direction thereby staying the operation and implementation of the judgment and order 28.08.2023 and Office Memorandum dated 29.08.2023 passed by the opp. party no.2 and direct the respondents to maintain status quo over the waqf property in question or till the disposal of the application for interim relief filed by the petitioner in the said case pending before the respondent no. 1. " 4. The counsel for the petitioner states that the Tribunal has not yet been constituted and thus he has approached this Court by filing a present petition under Article 227. 5. The counsel for the respondent raises a preliminary objection that an appeal lies against the said order of removal of Mutwalli as alleged by the petitioner, which he has not availed and has preferred a reference which is also beyond limitation. 6. The application filed by the petitioner, said to be pending before the Tribunal itself indicates that the petitioner was removed from the Office of Mutwalli on the basis of an exparte report, which order is under challenge. 7. Considering the fact that the petitioner was removed and continues to be removed from the Office of Mutwalli, all the questions including the question of maintainability can be seen when the Tribunal is constituted. Prima facie, no case for grant of interim order is made out at this stage. Whenever the Tribunal is constituted, all the issues including the claim of the petitioner for interim relief and the objection of the respondent with regard to maintainability shall be seen by the Tribunal in accordance with law. 8. The petition is disposed of in terms of the above. Order Date :- 24.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench