Neutral Citation No. - 2025:AHC:68997-DB Court No. - 40 Case :- WRIT - C No. - 4190 of 2025 Petitioner :- Committee Of Management Waqf No 4, Saharanpur, Through Its Secretary Khurshid Ahmad Respondent :- U.P. Sunni Central Waqf Board And 3 Others Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- Punit Kumar Gupta Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Sri Toofan Singh and Sri Pawan Kumar, learned counsel have put in appearance on behalf of respondent nos.3 and 4 by filing their vakalatnama today in the Court, which is taken on record. 2. Heard Sri Ashish Kumar Singh, learned counsel appearing on behalf of the petitioner; Sri Punit Kumar Gupta, learned counsel appearing on behalf of respondent no.1 and Sri Pawan Kumar, learned counsel appearing on behalf of respondent nos.3 and 4. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "a. Issue a writ, order or direction in the nature of certiorari to call for the record quash and set aside the order dated 03.09.2024 (Annexure No.1) passed by Respondent No.1 U.P. Sunni Central Waqf Board, Lucknow and the office memorandum issued by Respondent No.1 the Chief Executive Officer of the Waqf Board dated 11.09.2024 (Annexure No.2). b. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the working of the petitioner committee with the affairs of Waqf No.4, Saharanpur. c. To pass such other and further order, which this Hon'ble court may deem fit and proper in the circumstances of the present case. d. Award the cost of this petition to the Petitioner." 4. Sri Gupta, learned counsel appearing on behalf of U.P. Sunni Central Waqf Board/respondent no.1, submits that an appeal lies before the Waqf Tribunal and if such Tribunal is not functioning, then the appeal lies before the High Court as per new amended Waqf Act, 1995. 5. In light of the same, we are of the view that the petitioner has an alternative remedy of filing appeal in accordance with law. Since disputed questions of facts are present in this matter, therefore, filing of an appeal before the appellate authority would be the correct remedy and the writ jurisdiction would not be the appropriate forum for deciding the issue. 6. Accordingly, this writ petition is disposed of with a direction upon the petitioner to file an appeal in accordance with law within a period of two weeks from date. 7. With the above direction, this writ petition is disposed of. Order Date :- 1.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad