MOHAMMAD ISHTIYAQ v. U.P. SUNNI CENTRAL WAQF BOARD AND 2 OTHERS
WRIC/25933/2025 · 2025-08-04
Manjive Shukla, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81514 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81514 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131962-DB Court No. - 39 Case :- WRIT - C No. - 25933 of 2025 Petitioner :- Mohammad Ishtiyaq Respondent :- U.P. Sunni Central Waqf Board And 2 Others Counsel for Petitioner :- Mushir Khan Counsel for Respondent :- C.S.C.,Punit Kumar Gupta Hon'ble Arindam Sinha,J. Hon'ble Manjive Shukla,J.
1. Mr. Mushir Khan, learned advocate appears on behalf petitioner and submits, his client is the Mutwalli. His prayer is to direct respondent no.1 (the Waqf Board) to decide his application dated 14th December, 2024 requiring removal of unauthorized occupants from the waqf property.
2. Mr. Punit Kumar Gupta, learned advocate appears on behalf of respondent no. 1 and draws attention to order dated 23rd August, 1997 made by his client. Last paragraph of said order is reproduced below.
"Hence it is essential that recovery proceedings of Waqf property should be endorsed against all the unauthorized occupants. The Board is directed to send requisitions to the Collector to recover the Waqf property through the Mutawalli."
3. Mr. Krishna Mohan Mishra, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, no requisition was made. On query Mr. Mushir Khan is unable to demonstrate requisition made in terms of said order dated 23rd August, 1997, to the Collector.
4. Petitioner is directed to act in terms of said order dated 23rd August, 1997 in making requisition with full particulars, for the Collector to act thereupon.
5. The writ petition is disposed of. Order Date :- 5.8.2025 Gaurav (Arindam Sinha, J.) (Manjive Shukla,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad