(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 231 OF 2011 Hazrat Peer Raje Bagsar, Peerwadi, A Wakf Registered under the provisions of Wakf Act, 1995, its office at Peerwadi, Taluka & Dist. : Satara, Through its Trustees Petitioner Nos.2 to 9, and 16 others. .. Petitioners. versus The State of Maharashtra, Through Secretary, Revenue and Forest Department, Mantralaya, Mumbai-32, and 2 others. .. Respondents. ....................... Mr. Amol K. Gawali, Advocate, for the petitioners. Mr. V.H. Dighe, Assistant Government Pleader, for respondent no.1. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 24TH JANUARY 2011 (2) COURT'S ORDER : 1. Mr. A.K. Gawali, learned Counsel appearing for the petitioners, states that remedy under Section 83 of the Wakf Act, 1995, is not a bar in the present situation as order impugned is, in fact, not an order which falls within four corners of the said Act. If the order is under the Wakf Act, then only remedy of appeal is available. 2. Mr. V.H. Dighe, learned Assistant Government Pleader appearing for respondent no.1, states that remedy of revision is available. 3. The Board has passed a resolution and the same has been communicated to the petitioner. If the action is not in accordance with law or totally illegal, still the remedy of filing appeal is available. The learned Counsel appearing for the petitioners has also attempted to invite attention to certain judgments of this Court, to urge that in such situation, alternate remedy has not been treated to be bar. 4. However, here, there is a statutory remedy of appeal which is available and that adjudication in appeal can thereafter be questioned before this Court. I am, therefore, not inclined to (3) interfere in the matter, at this stage. 5. With liberty to the petitioner, to avail of appropriate proceedings under Section 83 of the Wakf Act, 1995, the present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp231