2025:UHC:1677-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI SPECIAL APPEAL NO. 138 OF 2023 11TH MARCH, 2025 M/s Neelkantha Solutions Pvt. Ltd. …… Appellant Versus State of Uttarakhand & others …… Respondents Counsel for the appellant : Mr. Piyush Garg and Mr. Sagar Kothari, learned counsels Counsel for the respondents : Mr. J.C. Pande, learned Standing Counsel for the State / respondent Nos. 1, 3 and 5 : Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy, learned counsel for respondent No. 2 : Mr. Bhuwan Bhatt, learned counsel for respondent No. 4 : Mr. C.K. Sharma, learned counsel for respondent Nos. 6 and 7 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) This intra-court appeal is directed against the order passed by the learned Single Judge, whereby the 2025:UHC:1677-DB 2 Learned Single Judge has been pleased to dispose of the writ petition by granting liberty to the petitioner / appellant to avail of the alternate remedy available before the Waqf Tribunal under Section 6 and 7 of the Waqf Act. 2) The learned Single Judge has summoned the waqf register and has also inspected the same, and after satisfying himself of the correctness of the facts as canvassed by the respondent Waqf Board, has been pleased to hold that in view of the provisions of Section 6 and 7, and in the light of the law laid down by the Hon’ble Apex Court in Rashid Wali Beg Vs Farid Pindari and others, 2022 (4) SCC 414, and taking note of the disputed facts involved, has been pleased to hold that the same cannot be gone into by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, in view of the efficacious and alternative remedy available to the petitioner. 3) The order impugned being just and legal, and no error being pointed out by the learned counsel for the appellant, we see no ground which warrants interference with the well considered order of the learned Single Judge. 4) Accordingly, the appeal stands rejected by reserving the liberty as granted by the learned Single 2025:UHC:1677-DB 3 Judge. We further reiterate the direction of the learned Single Judge for expeditious consideration and disposal of the case in the event of the appellant approaching the Tribunal. The Tribunal shall make an endeavour to dispose of the matter within 18 months. ________________ G. NARENDAR, C.J. _______________ ASHISH NAITHANI, J. Dt: 11TH MARCH, 2025 Negi