THE HON’BLE CHI EF JUSTI CE SRI RAGHVENDRA SI NGH CHAUHAN AND THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T APPEAL No.5 8 4 of 2 0 1 9 JUDGMENT: (Per Hon’ble Dr.Justice Shameem Akther) This appeal, under Clause 15 of Letter Patents Act, is filed aggrieved by the order dated 25.03.2019 passed by a learned Single Judge of this Court in Writ Petition No.6054 of 2019. 2. The subject Writ Petition No.6054 of 2019 was filed under Article 226 of the Constitution of India, praying the Court to grant writ of mandamus declaring the inaction of respondents to consider the representation of appellants/ writ petitioners dated 26.02.2019 and to protect the waqf property bearing Sy.No.80, situated at Hafeezpet village, Serilingampally, Ranga Reddy District, by preventing the alleged illegal construction. 3. The learned Single Judge while dealing with the subject writ petition, held that as efficacious alternative remedy is available to the writ petitioners before the Waqf Tribunal, granted liberty to the writ petitioners to avail such remedy and dismissed the writ petition. 4. Heard the learned counsel for the parties, and perused the impugned order. 5. The learned counsel for the appellants/ writ petitioners would contend that the relief sought by the appellants can be granted under Article 226 of the Constitution of India. The learned Single Judge erred in dismissing the writ petition by declining to entertain HCJ & Dr.SA,J WA No.584 of 2019 2 the same and ultimately prayed to allow the writ appeal by setting aside the impugned order. 6. Learned counsel for the respondents supported the impugned order and prayed to dismiss the writ appeal. 7. In view of the submissions made by both sides, the point for determination is: 1 ) W h et h er t h e im pu gn ed or der dat ed 2 5 .0 3 .2 0 1 9 passed in W r it Pet it ion No.6 0 5 4 of 2 0 1 9 by t h e lear n ed Sin gle Ju dge is liable t o be set aside? 2 ) W h et h er t h e appellan t s/ w r it pet it ion er s ar e en t it led for gr an t of r elief as pr ayed in t h e w r it pet it ion ? 8. POI NTS 1 AND 2 : It is appropriate to refer Section 83(1) & (2) of the Waqf Act, 1995 (for short “the Act”), which reads as follows: “83. Constitution of Tribunals, etc.— (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals. (2) Any mutawalli person interested in a waqf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf.” The above provision envisages that for determination of any dispute, or to protect the waqf property, ‘person interested’ in a HCJ & Dr.SA,J WA No.584 of 2019 3 waqf or any other person aggrieved by an order made under the Waqf Act, or rules made thereunder, has to approach the Waqf Tribunal constituted under the Act. Under Section 83 of the Act, there is efficacious alternative remedy available to the appellants/ writ petitioners. Certain factual aspects are required to be determined, with regard to alleged illegal construction being made over the waqf property bearing Sy.No.80, situated at Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District. Therefore, the learned Single Judge is justified in directing the appellants/ writ petitioners to work out the remedy available under law. The impugned order is neither perverse nor illegal and does not warrant any interference. 9. The Writ Appeal is devoid of merits and is accordingly dismissed. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs. _______________________________ RAGHVENDRA SI NGH CHAUHAN, HCJ ___________________________ Dr . SHAMEEM AKTHER, J Date: 12.07.2019 scs