WPMS/1453/2021
2021 Latest Caselaw 2662 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
          ON THE 28TH DAY OF JULY, 2021
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 1453 of 2021


BETWEEN:
      Smt. Jahida.                                   .......Petitioner
      (By Mr. Ashish Joshi, Advocate)




AND:
      Chief Executive Officer
      Uttarakhand Waqf Board.                    .....Respondent
       (By Mr. Ahrar Baig, Advocate)




                              JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. The petitioner is challenging the order passed by Chief Executive Officer, Uttarakhand Waqf Board, Dehradun on 06.07.2021. By the said order, petitioner has been asked to handover possession of the property in question to the Managing Committee of the Waqf Board.

3. Mr. Ahrar Baig, learned counsel appearing for Waqf Board has raised an objection that petitioner has a statutory remedy of filing an application before the Waqf Board under Section 83(2) of the Waqf Act, 1995.

4. This Court finds substance in the objection raised by learned counsel for respondent.

5. Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to approach the Waqf Tribunal.

6. Learned counsel appearing for respondent submits that the impugned order will not be executed till disposal of the stay application, to be filed by the petitioner along with his application before Waqf Tribunal.

(MANOJ KUMAR TIWARI, J.) Navin