Faisal Lodhi vs U.P. Sunni Central Waqf Board & 2 ...
2017 Latest Caselaw 1943 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 30255 of 2015
 

 
Petitioner :- Faisal Lodhi
 
Respondent :- U.P. Sunni Central Waqf Board & 2 Others
 
Counsel for Petitioner :- Mahboob Ahmad,M.A. Qadeer,S. Safdar Ali Kazmi
 
Counsel for Respondent :- Bakhtayar Yusuf,Afshan Shafaut,Ahmad Saeed,S.C.
 

 
Hon'ble Bharati Sapru,J.

Hon'ble Mahesh Chandra Tripathi,J.

Petitioner in the present writ petition is assailing the validity of the order dated 10.3.2015 passed by the Chairman, U.P. Sunni Central Waqf Board, Lucknow, and the office memorandum dated 21.4.2015.

On the matter being taken up today, a preliminary objection has been raised in respect of the maintainability of the writ petition before this Court on the ground that under the provisions of Muttawalli Waqf Act, 1995, there is statutory forum provided for in the shape of Waqf Tribunal.

Mutawally Waqf Act, 1995 is self contained Act and once order has been passed by the authority concerned, then remedy of petitioner lies in approaching under Section 83 (i) of Waqf Tribunal Act, 1995 to the Waqf Tribunal, in view of judgment rendered in the case of Board of Wakf, West Bengal Vs. Anis Fatma Begum & Anr., (Civil Appeal No.5297 of 2004).

Consequently, present writ petition is dismissed on the ground of alternative remedy.

Interim order, if any, stands discharged.

Order Date :- 5.7.2017

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