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Judgment
Shabihul Hasnain, J.
Heard the counsel for the parties.
The petitioner feels aggrieved by the proceedings which have been initiated by the Tehsildar vide notice contained in Annexure1 to the writ petition. The said notice requires the presence of the petitioner to explain as to under what circumstances, her name has been recorded over the property, which the Waqf property.
Learned counsel for the petitioner says that Tehsildar cannot have any jurisdiction to enquire about the Waqf property.
Be that as it may, the fact remains that the petitioner has already submitted her reply. She can also raise the plea of jurisdiction and authority of the Tehsildar and also regarding maintainability of the present proceedings before the Tehsildar.
We, therefore, with the consent of the parties'' counsel, dispose of the writ petition finally with a direction that the Tehsildar shall first decide the question of maintainability of the proceedings and his authority to enter into the question regarding the Waqf property, if it is the Waqf property.
The petition thus, can approach the concerned authority i.e. the Tehsildar.
We further direct that unless the matter is finally decided by the Tehsildar, the petitioner''s possession over the property in question, if she is in possession, shall not be disturbed.
The writ petition is disposed of accordingly.