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High Court of Punjab and HaryanaCWP/11874/2026disposed of

Krishan Parashar And Others v. State Of Haryana And Others

2026-04-23Mr. Justice Harsh Bunger4 pages

CWP-11874-2026 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-11874-2026 (O&M) Date of decision: 23.04.2026 Krishan Parashar and others ....Petitioners Vs.

State of Haryana and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Manoj Kumar Sood, Advocate for the petitioners.

Mr. Abhimanyu Antil, DAG, Haryana.

Mr. Prateek Mahajan, Advocate with Mr. Daanish Mahajan, Advocate for respondents No.2 and 3.

***** HARSH BUNGER J. (Oral) Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 17.02.2026 (Annexure P-8) issued by Estate Officer, District Wakq Office, Faridabad. 2.

Mr. Prateek Mahajan, Advocate, appears and files Power of Attorney on behalf of respondents No.2 and 3 in Court today, which is taken on record, subject to all just exceptions.

3.

Briefly, the petitioners claim to be lessee of land comprised in Khasra No.32min and 33min, measuring 64 kanals, situated at village Dungarpur, Tehsil Tigaon, District Faridabad, on the plea that initially the said area was allotted to petitioner No.1 and late Sh. Sukhbir Singh (who is

CWP-11874-2026 (O&M) -2deceased husband of petitioner No.2 and father of petitioner No.3) vide allotment letter dated 05.08.1995 (Annexure P-2). 4.

The petitioners claim that they are regularly paying rent/lease amount; however, the learned Estate Officer issued a notice to the petitioners highlighting that the petitioners have raised two unauthorized houses on the land in question and also that they are in arrears of rent since the year 2001. Accordingly, petitioners were called upon to submit their response to said notice within a period of seven days.

5.

The petitioners are stated to have submitted their response to the aforesaid notice (Annexure P-3), however, since the learned Estate Officer was contemplating action for dispossessing the petitioners from the site in question; therefore, the petitioners instituted a suit before the learned Wakf Tribunal, Gurugram.

6.

It transpires that since the quorum of the learned Wakf Tribunal was not complete, the petitioners filed the instant writ petition before this Court for seeking relief(s), as noticed hereinabove. 7.

Today, learned counsel appearing on behalf of respondents No.2 and 3 has handed over a photocopy of notification dated 09.04.2026 issued by Haryana Government in Court; the same is taken on record, subject to all just exceptions. Vide the aforesaid notification dated 09.04.2026, the chairman and other members of the various Wakf Tribunals have been appointed. The relevant extract of the abovesaid notification dated 09.04.2026, reads as under:-

CWP-11874-2026 (O&M) -3- "HARYANA GOVERNMENT ADMINISTRATION OF JUSTICE DEPARTMENT NOTIFICATION The 09th April, 2026 No. 18/25/2012-3JJ (1): In exercise of the powers conferred by subsection (1) read with sub-section (4) of section 83 of the Waqf Act, 2025 (14 of 2025) now called as Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, the Governor of Haryana hereby constitutes the following Tribunals consisting of the Chairman and Members for a period of 05 years or till the age of 65 years whichever is earlier as mentioned in column of the schedule given below and defines the local limits of jurisdiction as mentioned in column 3 there each against:

Schedule Serial Number Tribunal Local Limits of Jurisdiction (i) Additional District Judge, 1st Ambala (ii) Additional District Magistrate, Ambala (iii) Sh. Sandip Kumar, Advocate, Chamber No. 93, Ground Floor, District Court, Ambala Chairman Member Member Ambala Division (i) Additional District Judge, 1st Rohtak (ii) Additional District Magistrate, Rohtak (iii) Sh. Rao Riaz Ahmed, Chamber No. 372, 3rd Floor, C-Block, District Court, Jagadhri Chairman Member Member Rohtak Division (i) Additional District Judge, 1st Gurugram (ii) Additional District Magistrate, Gurugram (iii) Sh. Parveen Kumar, Advocate, Chamber No. 157, 1st Floor, District Court, Gurugram Chairman Member Member Gurugram Division (i) Additional District Judge, 1st Karnal (ii) Additional District Magistrate, Karnal (iii) Sh. Sandeep Khokher, Advocate, Chamber No. 298, District Court, Karnal Chairman Member Member Karnal Division (SUDHIR RAJPAL, IAS) Additional Chief Secretary to Government, Haryana Administration of Justice Department Dated Chandigarh, the 09.04.206"

7.1.

While referring to the above-extracted notification dated 09.04.2026, learned counsel for respondents No.2 and 3 submits that the instant writ petition was filed only because the learned Wakf Tribunal was not functional. It is submitted that now learned Wakf Tribunal already stands constituted, therefore, the petitioners may raise all their grievances before the learned Wakf Tribunal, in accordance with law.

CWP-11874-2026 (O&M) -48. Learned counsel for the petitioners has not opposed the aforesaid course being adopted.

9.

Keeping in view the above, the instant writ petition is disposed of with liberty to the petitioners to avail their remedies before the learned Wakf Tribunal, where, they have already filed a suit, in accordance with law. 10.

All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 23.04.2026 JUDGE ankit Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No