Neutral Citation No. - 2025:AHC:136936 Court No. - 9 Case :- WRIT - C No. - 3189 of 2023 Petitioner :- Waqf No 49 Waqf Barai Nisan Mausuma Sagir Fatima Niswan School And 2 Others Respondent :- Suresh Chand (Deceased) And 8 Others Counsel for Petitioner :- Jai Singh Parihar Counsel for Respondent :- Anand Swaroop Dubey,Punit Kumar Gupta,Yanendra Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard Sri Jai Singh Parihar, learned counsel for the petitioners, Sri Punit Kumar Gupta, learned counsel for the respondent and perused the record. 2. This petition has been filed challenging the order dated 02.12.2022 passed by Waqf Tribunal, Lucknow in Waqf Case No. 335 of 2016. 3. Brief facts of the case are that the predecessor in interest of the petitioners were granted lease in the year 1933 for a term of thirty years which was renewable for a further term of 30 years. The first term expired in the year 1963 and after that the lease was never extended in favour of the predecessor in interest of the petitioners or the petitioners. 4. The claim of the petitioners is that a Waqf was created by the predecessor in interest of the petitioners of the property leased out to the predecessor in interest of the petitioners. It has been submitted by counsel for the petitioners that respondents are tenants in the premises in question and have no right to get lease hold rights converted into freehold under the Freehold Policy of the State Government. The petitioners instituted a case before the Waqf Tribunal, which was dismissed with a finding that a Waqf cannot be created of a lease hold property. It has been further held by the Tribunal that there was no Waqf created and the Tribunal dismissed the application filed by the petitioners. Learned counsel for the petitioners though, tried to assail the order, but could not justify the creation of Waqf of the lease hold property. 5. In view of the facts recorded by the court below, I am not inclined to interfere in the matter. 6. Accordingly, the petition is dismissed. Order Date :- 12.8.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad