Uttarakhand High Court
Nagar Panchayat Piran Kaliyar vs State Of Uttarakhand on 25 March, 2019
Equivalent citations: AIRONLINE 2019 UTR 601
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 636 (MS) of 2019
Nagar Panchayat Piran Kaliyar
and another. ..........Petitioners.
Versus
State of Uttarakhand
and others. ...... Respondents.
Present:
Mr. Nagesh Agarwal, Advocate for the petitioners.
Mr. M.S.Bisht, Brief Holder for the State of Uttarakhand / respondents no. 1 and 5.
Mr. Ahrar Baig, Advocate for respondent no. 3.
Hon'ble Alok Singh, J.
1. Heard Mr. Nagesh Agarwal, Advocate for the petitioners Mr. M. S. Bisht, Brief Holder for the State of Uttarakhand / respondents no. 1 and 5 and Mr. Ahrar Baig, Advocate for respondent no. 3.
2. Brief facts of the present case are that Chief Executive Officer, Uttarakhand Waqf Board had sent a proposal to the Joint Magistrate, Roorkee for leasing out certain vacant land to various persons. On the said proposal, Joint Magistrate on 22.10.2018 directed the Waqf Board to submit the documents of title of the aforesaid land. Pursuant to the direction of Joint Magistrate, the Supervisor of the Waqf Board and Sub Revenue Inspector, Piran Kaliyar, submitted a report dated 23.10.2018 mentioning therein few properties belong to Nagar Panchayat and Waqf Dargah. However, all the properties are public land and is being used for public as in most of the part there is a public road. On 22.11.2018, Manager, Waqf Dargah Sabir Pak also sent a letter to Joint Magistrate and Chief Executive Officer apprising them several shops are being run at main places and no fees is being paid in the month of Urse nor in general days and as such, permission was 2 sought to advertise these land for lease for a period of 11 months. Thereafter, advertisement was published. Nagar Panchayat submitted its objection before the Joint Magistrate. Thereafter, Nagar Panchayat made several representations and when nothing was done petitioners approached this Court, seeking following relief:
"To issue a writ, order or direction in the nature of Certiorari quashing the impugned auction proceedings initiated by respondents in Nagar Panchayat Piran Kaliyar to lease out various public properties including the properties of petitioner Nagar Panchayat Piran Kaliyar for 11 months and to collect the fees / rent from the allottees."
3. Section 85 of the Waqf Act, 1995 reads as under:
"85. Bar of the jurisdiction of civil courts - No suit or other legal proceedings shall lie in any (civil court, revenue court and any other authority) in respect of any dispute, question or other matter relating to any (waqf), (waqf) property or other matter which is required by or under this Act to be determined by a Tribunal."
4. Since disputed questions of facts are involved in the present petition and petitioner has remedy to approach the Tribunal under the Waqf Act 1995, therefore, present petition is dismissed. Petitioners can approach the Tribunal for redressal of their grievance, if they so desire.
(Alok Singh, J.) 25.03.2019 SKS 3