2025:UHC:11033 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 4 2 2 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. A.S. Rawat, Senior Advocate assisted by Mr. Ahrar Baig, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. Mr. Vipul Sharma, Advocate with Mr. Maneesh Bisht, Advocate for respondent No. 2. 2. According to the petitioner, it is registered as Waqf and owns certain property comprised in khasra No. 275 and 276 in Mauza Khera, Tehsil Rudrapur, District Udham Singh Nagar and District Administration is bent upon to dispossess petitioner of its possession over the said property. By means of this writ petition, petitioner has sought the following relief: “Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to forcibly dispossess the petitioner by creating undue pressure using their power and position in an illegal, mal afide, unjust and arbitrary manner keeping in view of the fact that the matter relating to waqf property in question is already pending before the learned Waqf Tribunal, Kumaon Division, Nainital.” 3. Learned State Counsel, however, submits that since petitioner has approached Waqf Tribunal established under Section 83 of Waqf Act, 1995, therefore this writ petition would not be maintainable. 4. He further submits that disputed questions 2025:UHC:11033 of fact cannot be adjudicated in public law remedy and Waqf Tribunal is competent to deal with all the issues raised by petitioner in this petition. 5. Learned Senior Counsel for the petitioner submits that petitioner is ready to approach the Waqf Tribunal by making appropriate application; however, he may be protected only for one week. 6. Mr. Vipul Sharma, learned counsel appearing for Nagar Nigam points out that possession of the disputed property has been taken by District Administration on 07.12.2025, much before filing of the writ petition. 7. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to approach the Waqf tribunal for appropriate relief. 8. For a period of one week from today, status quo, qua the property in question shall be maintained. (Manoj Kumar Tiwari, J.) 11.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.12.12 18:48:21 +05'30' 2025:UHC:11033