Uttarakhand High Court

WPMS/3372/2024 on 22 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                    2025:UHC:4293
             Office Notes,
                reports,
               orders or
             proceedings
SL.
      Date   or directions              COURT'S OR JUDGE'S ORDERS
No.
                  and
              Registrar's
              order with
              Signatures
                             WPMS 3372/2024
                             Hon'ble Manoj Kumar Tiwari, J.

Mr. Mohd. Umar, Advocate, for the petitioner.

Mr. Ahrar Baig, Advocate, i/b Ms. Nishat Intezar, Advocate for the respondent no. 2.

(2) Petitioner has challenged judgment and order dated 30.9.2022, passed by Small Cause Court, Haldwani in SCC Case No. 09 of 2015. He has also challenged judgment and order dated 22.11.2023, passed by Additional District Judge, 1st, Haldwani in Civil Revision No. 05 of 2022. By the impugned judgment dated 30.9.2022, eviction suit filed by petitioner was dismissed by Small Cause Court. Revisional Court affirmed the finding returned by Small Cause Court.

(3) 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. (4) Learned Counsel appearing for the petitioner concedes the aforesaid legal position and submits that petitioner may be permitted to approach the appropriate forum.

(5) Since the remedy chosen by 2025:UHC:4293

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.)

22.5.2025 Pr

PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957B E53, cn=PRABODH KUMAR Date: 2025.05.23 10:15:11 +05'30'