MOHD. TALIB Vs. UTTARAKHAND WAKF BOARD

JUDGEMENT

(1.) THIS special appeal is directed against the judgment and order dated 11 -06 -2009 whereby Learned Single Judge of this Court has dismissed the writ petition No. 667 of 2009(MS) filed by the Petitioner against the Respondents on the ground that the Petitioner had an alternative remedy of approaching the Tribunal constituted under Section 83 mention whereof has been made in Section 84 of the Wakf Act, 1995. Actually, the Learned Single Judge in the course of impugned judgment has referred to Section 85 of the Act.

(2.) UNDER Section 83 of the Act, it has been provided that the State Government shall constitute as many Tribunals as it may think fit, for determination of any dispute, question or any other matter relating to a wakf or wakf property under the Wakf Act, 1995 and defined the legal limits and jurisdiction of every such Tribunal. Under Section 84 it has been laid down that whenever an application is made to such a Tribunal for determination of any dispute etc. relating to a wakf or wakf property it shall hold its proceedings as expeditiously as possible and thereafter give its decision in writing etc. etc. Section 85 creates a bar with respect to filing of any suit or other legal proceeding in any civil court relating to any dispute, question or other matter relating to any wakf, wakf property or such matter which is required under the Act to be determined by the Tribunal, For ready reference Sections 84 and 85 are reproduced hereunder, which reads thus:

(3.) LEARNED Single Judge erred on two counts. First and foremost he has dismissed the writ petition by referring to and reifying upon Section 85 of the Act and by holding that Section 85 operates as a bar to the Petitioner filing writ petition in this Court.