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Judgment
Manoj K. Tiwari, J
By means of this writ petition, petitioner has sought following reliefs:-
(i) To issue suitable directions to the respondent no. 6 to move an application for impleadment in civil suit no. 78 of 2019 pending in the court of C.J.
(S.D.) Dehradun.
(ii) To issue suitable directions for transferring the matter as no. 78 of 2019 from the court of C.J. (S.D.) Dehradun to waqf Tribunal Dehradun.
According to the petitioner, a suit has been filed in respect of Waqf property, which is not maintainable before Civil Court in view of the provision
contained in Section 85 of the Waqf Act, 1995. Therefore, petitioner has sought a direction to Uttarakhand Waqf Board to move an application for his
impleadment in the said suit, which is pending before learned Civil Judge, (S.D.), Dehradun.
The direction, as sought for, cannot be issued while exercising supervisory power under Article 227 of the Constitution of India. It is for a party to
decide whether he wants to be impleaded in a pending proceeding, or not.
In such view of the matter, the writ petition is dismissed. However, petitioner shall be at liberty to move appropriate application, if so advised, before
the court concerned.