Uttarakhand High Court

WPMS/3371/2024 on 5 June, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                2025:UHC:4568
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions             COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/3371/2024
                               Hon'ble Manoj Kumar Tiwari, J
                               1. Mr. Mohd. Umar, Advocate, for
                               the petitioner.
                               2. Mr. Ahrar Baig, Advocate, i/b Ms.
                               Nishat Intezar, Advocate for the
                               respondent no. 2.

3. Petitioner has challenged judgment and order dated 29.09.2022, passed by Small Cause Court, Haldwani in SCC Case No. 08 of 2015. He has also challenged judgment and order dated 22.11.2023, passed by Additional District Judge, 1st, Haldwani in Civil Revision No. 04 of 2022. By the impugned judgment dated 29.09.2022, eviction suit filed by petitioner was dismissed by Small Cause Court. Revisional Court affirmed the finding returned by Small Cause Court.

4. Mr. Ahrar Baig, learned Counsel appearing for the respondent, submits that the suit filed by petitioner was ill advised, as the property in question is waqf property and, therefore, the only remedy available to petitioner was to approach the Wakf Tribunal under Section 83(1) of the Wakf Act, 1995.

5. Learned Counsel appearing for the petitioner concedes the aforesaid legal position and submits that petitioner may be permitted to 2025:UHC:4568

approach the appropriate forum.

6. Since the remedy chosen by the petitioner was not appropriate and learned Judge, Small Cause Court could not have decided the dispute in view of the provision contained in Wakf Act, 1995, therefore, writ petition is disposed of by permitting the petitioner to approach the appropriate forum under Section 83(1) of Wakf Act, 1995.

(Manoj Kumar Tiwari, J.) 05.06.2025 Aswal

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

NITI RAJ SINGH ASWAL 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726 FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.05 05:35:27 -07'00'