Waqf Masjid Nawabganj Gadar Se ... vs Gulam Mohammad Sabir
2021 Latest Caselaw 7219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - C No. - 13484 of 2021
 

 
Petitioner :- Waqf Masjid Nawabganj Gadar Se Pashtar Through Firoz Alam
 
Respondent :- Gulam Mohammad Sabir
 
Counsel for Petitioner :- Narendra Mohan
 
Counsel for Respondent :- Punit Kumar Gupta
 

 
Hon'ble J.J. Munir,J.

Heard learned Counsel for the petitioner and the learned Standing Counsel appearing for the State.

The impugned judgment and decree dated 21.02.2019 passed by the Waqf Tribunal, Lucknow in Appeal no.03 of 2017, Gulam Mohammad vs. Waqf Masjid Nawabganj Gadar and others is under challenge. The case appears to be an original petition to the Tribunal and yet has been numbered as an appeal. The Waqf Tribunal, Lucknow ought not to label an original case as an appeal. In any case, the impugned judgment and decree are appealable to this Court under the proviso to sub-Section (9) of Section 83 of the Waqf Act, 1995.

In this view of the matter, there being an equally efficacious alternative remedy against the impugned judgment and decree, this petition under Article 226 of the Constitution is not maintainable. It is, accordingly, dismissed on the ground of availability of an equally efficacious alternative remedy. The petitioner, however, shall have the right to assail the impugned judgment and decree by availing such remedy as may be advised.

Order Date :- 7.7.2021

Anoop