TaxTMI 
TaxTMI 
2016 (11) TMI 1757
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....d others, whereby the writ petition filed by the petitioner (appellant herein) came to be dismissed, (for short the impugned judgment). 4. The writ petitioner was appointed as Immam of Boileauganj Mosque, submitted his resignation on 22.7.2003 reserving his right to continue as voluntary Immam and to keep residential accommodation allotted to him, resignation was accepted on 31st July, 2003. 5. Vide Annexure P-3 (resolution dated 5th February, 2007), it was resolved by the writ respondents to discontinue the voluntary immamt of the writ petitioner and all facilities. The writ petition filed representations, but of no avail. 6. Thereafter, on 22.6.2007, writ respondents filed a civil suit before the Wakf Tribunal, Shimla for possession of the accommodation provided to the writ petitioner as well as for occupation and recovery of use and occupation charges against the petitioner, which was decreed. Writ petitioner filed Regular First Appeal, being RFA No. 484 of 2011, before this Court, which was dismissed on 25th August, 2014. 7. The writ petitioner filed the writ petition for quashing Annexure P-3 i.e. resolution and for declaring entire proceedings initiated on the bas....
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....Act, 1955 against the plaintiff. It was further averred that the order dated 28.12.2007 passed by defendant No. 1 was wrong, illegal, void and not biding on the plaintiff. Thus, the suit filed by the plaintiff (petitioner herein) for permanent injunction. 14. The Tribunal, vide the impugned judgment, dismissed the suit of the plaintiff and held that the plaintiff was rank trespasser and liable to be evicted. CR No. 134 of 2015 15. This Civil Revision Petition under Section 83(9) of Wakf Act, 1995 is directed against the judgment and decree passed by Wakf Tribunal, Shimla in Civil Suit No. 19-S/1 of 2008, dated 19.3.2015, whereby the suit of the plaintiff-H.P. Wakf Board has been dismissed, (for short the impugned judgment). 16. The plaintiff-H.P. Wakf Board filed a suit for declaration to the effect that plaintiff-Board was owner of shops in Middle Bazar Shimla, the description of which has been given in the plaint itself, and also prayed that the revenue entries showing defendants/respondents herein to be in possession of the suit property be declared as null, void, illegal and inoperative. 17. The Tribunal, vide the impugned judgment, dismissed the suit of the plai....
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....ainst the order 4.6.2012, passed by Wakf Tribunal, Shimla, whereby petition under Section 7 read with 83(2) of the Wakf Act, 1995, was dismissed, (for short, the impugned judgment). 25. Thus, the question to be determined in the present cases is - Whether Regular First Appeal or Civil Revision or petition under Article 227 of the Constitution of India would lie against the order passed by the Wakf Tribunal. To answer the question framed hereinabove, relevant provisions of the Wakf Act, 1995, (for shot, the Act), are to be noticed. 26. In order to settle the disputes qua the Wakf properties, the Act provides for establishment of Wakf Tribunals which have to determine the disputes, as detailed in Sections 6 of the Act. It is apt to reproduce Section 6 of the Act hereunder: "6. Disputes regarding wakfs:-- (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Trib....
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....ded by a civil court in a suit instituted before such commencement, the Tribunal shall not reopen such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out ....
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....cation to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such wakf or wakf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interests of justice to deal with the application afresh. (4) Every Tribunal shall consist of-- (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member, and the appointment of every such person may be made either by name or by designation." (5) The Tribunal shall be deemed to be a civil court and shall ha....
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....remedy is provided to the aggrieved person by way of filing revision petition and not by the medium of appeal. The Act contains the mechanism for filing revision petition, thus, providing efficacious alternative remedy to the aggrieved party, rendering the writ petition not maintainable against the orders passed by the Tribunal. This view has been taken by this Court in case titled as M/s. Indian Technomac Company Ltd. versus State of H.P. & others, being CWP No. 4779 of 2014, decided on 4th August, 2014, and restated in plethora of judgments. In a similar case, the High Court of Andhra Pradesh in case titled as Mohd. Abdul Kareem And Anr. v. Andhra Pradesh State Wakf Board, 2004(2) ALD 345, held that the jurisdiction of the High Court in disputes pertaining to Wakfs can be invoked by way of filing revision petition and not by the medium of a writ petition. It is apt to reproduce paragraph 13 of the said decision hereunder: "13. As seen from the above, the jurisdiction of the High Court in disputes relating to Wakfs can be invoked only when an aggrieved party files a revision petition under Sub-section (9) of Section 83 of the Act and a writ. petition would not be ma....
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....s waqf property or not. 14. The Court in Bhanwar Lal & Anr v. Rajasthan Board of Muslim Wakf & Ors, 2013 11 SCALE 210 considered the decision in at quite some length. Besides Ramesh Gobindram (Dead) Through LRs v. Sugra Humayun Mirza Wakf, 2010 8 SCC 726, the Court in Bhanwar Lal & Anr v. Rajasthan Board of Muslim Wakf & Ors, 2013 11 SCALE 210 also considered two other decisions, one, Board of Wakf, West Bengal and Anr. v. Anis Fatma Begum and Anr., 2010 14 SCC 588 and two, Sardar Khan and Ors. v. Syed Najmul Hasan (Seth) and Ors., 2007 10 SCC 727. In Anis Board of Wakf, West Bengal and Anr. v. Anis Fatma Begum and Anr., 2010 14 SCC 588, this Court had held that the Waqf Tribunal constituted Under Section 83 of the Act will have exclusive jurisdiction to deal with the questions relating to demarcation of the waqf property. 15. Pertinently, the Court in Bhanwar Lal & Anr v. Rajasthan Board of Muslim Wakf & Ors, 2013 11 SCALE 210 held that the suit for cancellation of sale deed was triable by the civil court. 16. Bhanwar Lal & Anr v. Rajasthan Board of Muslim Wakf & Ors, 2013 11 SCALE 210 follows the line of reasoning in Ramesh Gobindram (Dead) Through LRs ....
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....f property is exclusive triable by the civil court as such suit is not covered by the disputes specified in Sections 6 and 7 of the Act." 37. Thus, it is held that the suit for eviction against the tenant in regard to wakf property is triable by the Civil Court. 38. In view of the above findings, let us take the instant cases one by one and settle whether they are maintainable in the present form or not. RFA Nos. 343 of 2008 & 265 of 2011 39. These regular first appeals have been filed by the appellants against the impugned judgments passed by the Wakf Tribunal. Since we have held above that no appeal against the orders of the Wakf Tribunal will lie, therefore, these appeals merit to be dismissed and the same are dismissed accordingly. However, the aggrieved party may seek appropriate remedy, if any, available in terms of the Act. It is made clear that in case any party resort to appropriate proceedings, the time spent in pursuing these appeals is to be excluded while computing the period of limitation. LPA No. 210 of 2015: 40. This appeal has been filed by the appellant/writ petitioner against the impugned judgment passed by the learned Single Judge, whereby the ....