Smt. Hoori Parveen v. U.P. Sunni Central Waqf Board and 4 Others

Court No. - 40 Case :- WRIT - C No. - 38986 of 2023 Petitioner :- Smt. Hoori Parveen Respondent :- U.P. Sunni Central Waqf Board and 4 Others Counsel for Petitioner :- Saif Ali Counsel for Respondent :- C.S.C.,Punit Kumar Gupta,Vipul Dube Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Saif Ali, learned counsel for the petitioner, Sri Punit Kumar Gupta, learned counsel for U.P. Sunni Central Waqf Board (respondent no.1); Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State respondent nos.2 and 3 and Sri Vipul Dube, learned counsel for private respondents.

¶2Present writ petition is preferred for quashing the impugned Office Memorandum dated 6.1.2023 Ref. No.7606/Wo.No.188, 189 and 192 Aligarh-2023 and certificate of Tauliyat. Further request is made to issue direction to the Chairman, U.P. Sunni Central Waqf Board to pass appropriate order on the representation of the petitioner dated 22.2.2022 within stipulated time.

¶3Sri Punit Kumar Gupta, learned counsel for U.P. Sunni Central Waqf Board has raised preliminary objection regarding maintainability of the present writ petition on the ground that against the impugned order the petitioner has got efficacious alternative remedy to approach to the Waqf Tribunal under the Waqf Act and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.

¶4Considering the fact and circumstance, we are not inclined to entertain the writ petition. However, in case the petitioner approaches the Waqf Tribunal within a week's time from today, the same would be considered on merits.

¶5Accordingly, the writ petition is disposed of. Order Date :- 12.12.2023 RKP High Court of Judicature at Allahabad