N.V. ALI AKBAR Vs. ABDUL AZEEZ MANNISSERI

JUDGEMENT

(1.) Article 227 of the Constitution of India is invoked on the premise that petitioners are unable to seek redressal of grievances from the Wakf Tribunal constituted under section 83 of the Wakf Act, 1995, in view of the amendment to that section as per the Wakf (Amendment) Act, 2013. They plead disability to institute proceedings in the absence of a Tribunal with the composition in terms of the amended provisions. They are also precluded from suing in the civil courts owing to the bar of jurisdiction as per section 85 of the Act, it is contended.

(2.) In view of the importance of the issue in the realm of judicial administration and deliverance of justice, notice was issued to the Advocate General. Heard learned counsel for the petitioners, the learned Additional Advocate General and the learned standing counsel for the Wakf Board.

(3.) Section 85 of the principal Act provided that no suit or other legal proceedings shall lie in any Civil Court in respect of any dispute, question or other matter relating to any Wakf or Wakf property or other matter which is required by or under the Act to be determined by the Tribunal. By the effect of sections 4 and 45 of the amending Act, such bar to jurisdiction was extended to preclude revenue courts and other authorities as well.