HI GH COURT OF UTTARAKHAND AT NAI NI TAL Hon’ble Justice Sri Rakesh Thapliyal

24^th April 2025 Writ Petition No. 2258 of 2020 (M/ S)

Waqf Allah Tala Dargah Hazrat Masum Sah Miyan …............ Petitioner Vs.

National Highways Authority of India and others ..….......Respondents Counsel for the Petitioner: Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Vinay Bhatt Counsel for the NHAI: Mr. Naresh Pant and Mr. Raunak Pant, learned counsel Counsel for the State: Mr. R.S. Bisht, learned Addl. C.S.C.

(Mr. Rakesh Thapliyal, J.)

1. IA No. 10251 of 2025 is an interim relief application moved by the petitioner on 22.04.2025, praying for restraining of construction of road at the site where the Mazar of Hazrat Masoom Sah Miyan was situated prior to the night of 21/22-04-2025 as well as plying of vehicle at the site and also praying for restraining of laying of coal tar. This interim relief application is supported with an affidavit of Haseen Miya, the Mutawalli of the petitioner, swear on 22.04.2025.

2. IA No. 10252 of 2025 has been moved by the petitioner seeking amendment in the body of the petition as well as in the relief clauses praying for restoration of possession of the Mazar with the further direction to construct the Mazar of Hazrat Masoom Sah Miyan situated at Indra Chowk, Rudrapur and further direction not to raise construction of road at the site where the Mazar of Hazrat Masoom Sah Miyan was situated prior to the night of 21/22.04.2025.

An alternative prayer has also been sought that the respondents may be directed to provide piece of land to the petitioner for the purpose of shifting of Dargah Sharif measuring 0.0063 hectare (63 square meter) which was acquired by the respondents. In addition to this, further alternative prayer has been sought that the Mutawalli of aforesaid Dargah may be permitted to bury the remainders and soil of Dargah Sharif in his house bearing municipal no. 361/3 (old no.) and 1732 (new no.) situated at mohalla Kheda, Tehsil Rudrapur, District Udham Singh Nagar in an area

50x42 ft., description of which has also been given.

3. On the previous date, when the matter was mentioned by Mr. T.A. Khan, learned Senior Advocate he submits that this Dargah, be permitted to be shifted, since, this is an admitted fact that there was a Dargah, as per the notices issued during the proceeding of acquisition and compensation is also determined. For that purpose Mr. Khan, learned Senior Advocate was permitted to file an affidavit.

4. In compliance thereof, an affidavit was filed giving details of two persons Shadab, S/o Sageer Ahmed, Sayyed Noman Ahmad,S/o Syed Haseen Miyan along with their Aadhar cards including mobile number and their residence proof. A further reference has been made of house of “Mutawalli” located at Municipal no. 361/3 along with Aadhar card, however no document relating to the title over the house of the Mutawalli residing in municipal no. 361/3 has been given except tax receipt.

On 23.04.2025 for the purposes of verifying the credentials of two persons whose name has been given in the affidavit on 22.04.2025, the respondents were directed to submit their report in a sealed envelope.

5. Simultaneously, since, there was no title document relating to the house of the Mutawallli, the counsel for the petitioner was also given time to bring on record the title document of the house of Mutawalli and in addition to this the administration was also directed to get report of that house.

6. Mr. Mohd. Shafy, learned counsel for the Waqf Board was also directed to place before this Court the original Waqf register.

7. In compliance to the direction of this Court, two reports were submitted in a sealed envelope and same are opened in the Court. One such report relates to the verification of two persons. I perused the report dated 24.04.2025 of the Addl. District Magistrate along with the supporting documents and on perusal of the report it reveals that Shadab S/o Sageer Ahmed , R/o Ward no. 8 of Tehsil Rudrapur