2025:UHC:11266 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 2 6 5 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. G.D. Joshi, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. 2. Petitioner is aggrieved by notice dated 27.10.2025, issued by Tehsildar, Lalkuwan, whereby he was asked to deposit Rs. 18,72,000/- as waqf dues. 3. Petitioner contends that he is not in possession of any waqf property, therefore he is not liable to pay any dues to the waqf in the shape of rent or other charges. 4. Learned State Counsel, however, submits that the issue whether the shop in which petitioner is running business belongs to Waqf or not, can only be decided by the Waqf Tribunal under Section 83 of the Waqf Act, 1995. He refers to provision contained in Section 85 of the Act also, which bars the jurisdiction of Civil Courts in respect of any dispute, question or other matter relating to any waqf, waqf property or other matter which is required by or under the Act to be determined by the Tribunal. 5. Since the question whether the shop in 2025:UHC:11266 which petitioner is running his business belongs to waqf or not is basically a question of fact, which cannot be adjudicated in public law remedy under Article 226 of the Constitution of India. 6. For the aforesaid reasons and also in view of the provisions contained in Section 83 of the Waqf Act, this Court is not inclined to entertain this writ petition. The writ petition is disposed of with liberty to petitioner to approach the appropriate form. 7. For a period of fifteen days, no coercive action shall be taken against petitioner pursuant to impugned notice dated 27.10.2025. (Manoj Kumar Tiwari, J.) 16.12.2025 Mahinder/