HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28671 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Siddharth Singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 3, 4 and 5, Sri Devendra Mishra, advocate holding brief of Sri Punit Kumar Gupta, learned counsel for respondent no. 2, Sri A.K. Malviya, learned counsel for respondent no. 5, and Sri Ankit Singh, advocate holding brief of Sri Kuldeep Johri, learned counsel for respondent nos. 6 to 8. 2. Present petition has been filed seeking following relief:- "Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to decide the representation of the petitioner dated 05-05-2025 regarding to the stoppage of running of illegal Saw Mill over land situated at Mahuabag, Masjid Mohammad Patti, Ghazipur and also vacant the illegal possession over the Waqf property No.54 and 55 situated at Mahuabag, Masjid Mohammad Patti, Ghazipur expeditiously, within an stipulated period as fixed by the Hon'ble Court." 3. At the very outset, learned Standing Counsel has placed Versus Counsel for Petitioner(s) : Siddharth Singh Counsel for Respondent(s) : Awadhesh Kumar Malviya, C.S.C., Kuldeep Johri, Punit Kumar Gupta Wakif Shaikh Hazi Noor Ali .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) instructions dated 21.08.2025 before the Court, duly signed by the Divisional Director, Social Forestry Division, Ghazipur, which are taken on record. 4. As per the said instructions, the license of the saw-mill has not been renewed; therefore, as on date, no saw-mill stands renewed at the disputed place. 5. Sri Ankit Singh, learned counsel for respondent nos. 6 to 8, has pointed out that so far as encroachment upon the aforesaid property is concerned, the remedy lies under Section 54 of the Waqf Act, 1995, before the Chief Executive Officer duly appointed by the State Government under Section 23(1) of the said Act. Accordingly, the second part of the prayer is not maintainable. 6. Learned counsel for the petitioner could not dispute the aforesaid legal position. 7. Accordingly, the writ petition is dismissed. However, it shall be open to the petitioner to approach the Chief Executive Officer for any alleged encroachment upon the Waqf property by the private respondents, in accordance with law. October 6, 2025 pks WRIC No. 28671 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad