WALIALLAH Vs. KARNATAKA STATE BOARD OF AUQAF

JUDGEMENT

(1.) Heard the petitioner's counsel and also the counsel appearing for the respondents regarding Jurisdiction.

(2.) The respondents raised objections that the order impugned, which is challenged before this Court cannot be entertained in a writ petition and the petitioner has to approach the Wakf Tribunal as the issue is with regard to the Wakf.

(3.) The counsel for the respondent relying upon the judgment of the Hon'ble Supreme Court Civil Appellate Jurisdiction in Civil Appeal No.5297/2004 (Board of Wakf, West Bengal Vs. Anis Fatma Begum and Anr.), brought to the notice of this Court paragraphs No.14 and 16 of the said judgment, which is extracted herein below: