THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.536 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
15.04.2019
passed by the learned Single Judge in W.P.No.7884 of 2019.
The undisputed facts of the case reveal that the writ petition was preferred by the appellant herein stating that the wakf property in question was being encroached and in those circumstances, the learned Single Judge passed the following order:-
"5. Having regard to the respective submissions, it is to be noted that the expression 'person interested' in a Wakf, is defined under Section 2(k) of the Act, as under:
"person interested in a Wakf" means any person who is entitled to receive any pecuniary or other benefits from the Wakf and includes-
(i) any person who has right to worship or to perform any religions rite in a mosque, idgah, imambara, dargah, khangah, maqbara, graveyard or any other religious institution connected with the Wakf or to participate in any religious or charitable institution under the Wakf;
(ii) the wakf and any descendant of the Wakf and the Mutawalli.
Further, Section 83(2) of the Act gives ample right to any 'person interested' in a Waqf or any other person aggrieved by an order made under this Act or rules made thereunder, to approach the Waqf Tribunal. Since the petitioner, being devotee and person interested, seeks to protect the property of the Waqf, he can approach the Waqf Tribunal with the supporting material as detailed enquiry is required to be done with respect to the various facts, on verification of the records. Apart from this, since the Wakf Board has been entrusted with the function of protecting the wakf 2 institution and its property, the Wakf Board also shall take necessary steps by initiating proceedings in an appropriate forum for protection of the wakf property, which is their primary duty. In those circumstances, this Court is not inclined to entertain the present Writ Petition as there is an alternative remedy available to the petitioner before the Waqf Tribunal."
In the considered opinion of this court, once a liberty has been granted to the appellant/writ petitioner to approach the Wakf Tribunal, the question of interference by this court does not arise. The appellant/writ petitioner shall be free to avail the remedy provided under law.
With the aforesaid, the writ appeal stands disposed of. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU