Smt. Sarvar Jahan (Now Dead) And 4 ... vs Waqf Shaikh Fakruddin Haidar And 6 ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:113292
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4045 of 2023
 

 
Petitioner :- Smt. Sarvar Jahan (Now Dead) And 4 Others
 
Respondent :- Waqf Shaikh Fakruddin Haidar And 6 Others
 
Counsel for Petitioner :- Mohd. Israr,Parvez Alam
 
Counsel for Respondent :- J.P. Singh,Narendra Mohan
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Parvez Alam, learned counsel for the petitioners and Sri Narendra Mohan, learned counsel for the respondents.

Present petition has been filed for challenging the judgment and order dated 1.2.2023 passed by the Additional District Judge, Court No.1, Kanpur Nagar in Small Causes Court Revision No.14 of 2014 as well as order dated 15.1.2014 passed by the Judge Small Causes Court, Court No.2, Kanpur in SCC Case No. 272 of 2010 (Waqf Shaikh Fakruddin Haidar vs. Smt. Sarvar Jahan).

Sri Parvez Alam, leaned counsel for the petitioners submitted that after amendment in Wakf Act, 1995 on 20.9.2013, any suit pending or filed against the Wakf shall be triable by the Tribunal. He next submitted that he has raised specific objection before the SCC Court and Revisional Court, but the same has been rejected, therefore, orders are bad and liable to be set aside.

Mr. Narendra Mohan, learned counsel for the respondent has raised objection and submitted that suits which are pending prior to amendment in Wakf Act, 1995 i.e. on 20.9.2023 shall be triable by the Civil Court, but any suit filed after amendment shall be triable by the Tribunal in light of Section 83 of Wakf Act, 1995, therefore, there is no illegality or perversity in the impugned order. In support of his contention, he has placed reliance upon the judgment of Ramesh Govindram vs. Sumayun Mirza Wakf reported in 2010 (8) SCC 726, Sardar Khan Vs. Syed Nizamul reported in AIR 2007 SC 1447, Smt. Kubra Khatoon vs. Allahtala Malik Waqf reported in 2017 (2) CAR 154, Haji Ali Akbar vs. Waqf Alal Allah and Punjab Waqf Board vs. Shanu Singh Harike reported in 2019 (2) JT 263.

Mr. Pravez Alam, leanred counsel for the petitioner could not dispute the aforesaid facts as well as judgment relied upon.

Therefore, under such facts and circumstances of the case, the petition lacks merit and is accordingly, dismissed. No order as to costs.

At this stage, Mr. Pravez Alam submitted that he may be permitted to raise other objections before the Court.

Needles to say that it is always open for the parties to raise objection in accordance with law for that no permission of Court is required.

Order Date :- 23.5.2023

Junaid