HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28958 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE PRASHANT KUMAR, J. 1. Mr. Brahm Prakash Mishra, learned advocate appears on behalf of petitioner, who is the Mutwali. He has challenged, inter alia, order dated 15th May, 2025 passed by respondent no.3 (the Sub Divisional Magistrate). On query he submits, the order was made upon hearing him and private respondent no.5 pursuant to direction made by Co-ordinate Bench on order dated 4th December, 2024 (the petitioner's own case). 2. Mr. Mishra submits further, private respondent no.5 is illegally occupying waqf property. He is an encroacher. By said earlier order dated 4th December, 2024, there was direction to consider his client's case. Impugned order carries errors on its face. Property occupied by the encroacher is waqf property. He has documents to demonstrate so. 3. Mr. Krishna Mohan Mishra, learned advocate Additional Chief Standing Counsel appears on behalf of State and submits, the order was duly made pursuant to direction in said order dated 4th December, 2024, of Co-ordinate Bench. Petitioner and private respondent were noticed. It will appear from impugned order, the record does not bear out petitioner's claim. He opposes the writ petition. 4. Petitioner must find his remedy since impugned order appears to have been passed upon hearing the parties and on basis of relied upon record. If the record does not reflect correct position, we reiterate, petitioner must find his remedy. Versus Counsel for Petitioner(s) : Brahm Prakash Mishra Counsel for Respondent(s) : C.S.C., Punit Kumar Gupta Mutwalli, Mohd Kaifi Siddique .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. On above observation the writ petition is disposed of. September 9, 2025 pks WRIC No. 28958 of 2025 2 (Arindam Sinha,J.) (Prashant Kumar,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad