Iliyas vs District Magistrate Haridwar And Others

Pankaj Purohit, J

Petitioner was given loan by respondent No.3. He could not repay the same resulting into initiation of the recovery against him and consequently, recovery citation dated 06.03.2026 was issued by respondent No.2-Tehsildar, Tehsil Roorkee, against the petitioner amounting to Rs. 94,470/- along with recovery charges.

Petitioner is not admitting the dues rather he says that the amount has been enhanced without any reason by respondent No.3 and a wrong recovery certificate has been issued against him.

Since, petitioner's dispute is regarding to the enhancement of amount, therefore, this Court is not in a position to interfere in the matter.

It is informed by learned State Counsel that against the impugned recovery citation, petitioner has remedy available before the Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995 (as amended up to date).

Learned counsel for petitioner is ready to avail the said remedy and at the same time he prayed that till the application/case is filed by him before the Waqf Tribunal as mentioned above, the proceedings of recovery citation be stayed.

Accordingly, the present writ petition is disposed of. Petitioner is granted 15 days time from today to move appropriate application/case before the Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995. Till 15 days, the effect and operation of recovery citation date 06.03.2026 shall remain stayed. If such application/case would not be filed by petitioner within 15 days before the Waqf Tribunal as referred above, the protection granted shall automatically come to an end.

Pending application, if any, stands disposed of.

Let a certified copy of this order be supplied to learned counsel for parties today itself, as per Rules.