ABDUL GANI SHAH SHARIF MAZAAR / KABRISTAN v. STATE OF U.P. AND 4 OTHERS
WRIC/33202/2025 · 2025-10-05
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97740 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97740 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33202 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(i) Issue an appropriate writ, order or direction calling for the record and quash the impugned proceedings arising out of case bearing No. T 202505200/ 22488/ 2025 in the matter of (State of Uttar Pradesh through Collector, Deoria versus Manager Mazaar/Kabristan, Mehda, Deoria) u/s. 32/38 of the U.P. Revenue Code, 2006, Village- Mehda Nagar, Andar, Tappa-Dhatura, Pargana- Silhat, Tehsil & District- Deoria. (ii) Issue an appropriate writ, order or direction calling for the record and quash the impugned notice dated 01.09.2025 issued by Additional District Magistrate (1st) Collectorate, Deoria to the Petitioner in the case of (State of Uttar Pradesh versus Manager Mazaar/Kabristan) bearing No. T 22488 u/s. 31, 32 of the U.P. Revenue Code, 2006, Village Mehda Nagar, Andar, Tappa-Dhatura, Pargana- Silhat, Tehsil & District- Deoria. (iii) Issue an appropriate writ, order or direction restraining the Respondent Authorities from illegally and arbitrarily demolishing the Waqf property of the Petitioner bearing Arazi Gata no. 1647/2 Mi admeasuring 0.124 Hectare, situated at Kurna Naala near Purva Chauraha, Tehsil- Sadar, District- without following due process of law;"
2. A preliminary objection has been raised as to maintainability of the writ petition on the ground that only notice dated 01.09.2025 is under challenge and petitioner has remedy of filing a reply. Versus Counsel for Petitioner(s) : Shagun K. Saran, Srishti Gupta Counsel for Respondent(s) : C.S.C., Punit Kumar Gupta Abdul Gani Shah Sharif Mazaar / Kabristan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
3. Sri Ashish Singh, learned counsel appearing for petitioner submits that proceedings under Section 32/38 of U.P. Revenue Code, 2006 are not maintainable in view of Section 85 of Waqf Act, 1995.
4. The petitioner has remedy of raising all these issues before authority concerned who shall deal with the same.
5. No case for interference under Article 226 of Constitution of India is made out.
6. The writ petition is misconceived and stands dismissed.
7. Sri Anoop Trivedi, learned Additional Advocate General has appeared for the State. October 6, 2025 V.S.Singh WRIC No. 33202 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad