Civil Revision No.5369 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5369 of 2010 Date of decision: November 17, 2010. Hardev Singh & Anr. ...Petitioner(s) v. Punjab Wakf Board ...Respondent(s) CORAM: HON'BLE MR. JUSTICE MAHESH GROVER Present: Shri K.S. Rekhi, Advocate, for the petitioner(s). None for the respondent. Mahesh Grover , J. (Oral): In view of the judgment rendered by Supreme Court in Ramesh Gobindram (dead through LRs) v. Sugra Humayun Mirz Wakf, AIR 2010 SC 2897 the petition is dismissed as withdrawn with liberty to the petitioner to move the Civil Court for the appropriate relief. The relevant observations made by the Supreme Court in the aforesaid case read as under:- “21. There is, in our view, nothing in Section 83 to suggest that it pushes the exclusion of the jurisdiction of the Civil Courts extends beyond what has been provided for in Section 6(5), Section 7 and Section 85 of the Act. It simply empowers the Government to constitute a Tribunal or Tribunals for determination of any dispute, question of other matter relating to a wakf or wakf property which does not ipso facto mean that Civil Revision No.5369 of 2010 -: 2 :- the jurisdiction of the Civil Courts stands completely excluded by reasons of such establishment. It is noteworthy that the expression "for the determination of any dispute, question or other matter relating to a wakf or wakf property" appearing in Section 83(1) also appears in Section 85 of the Act. Section 85 does not, however, exclude the jurisdiction of the Civil Courts in respect of any or every question or disputes only because the same relates to a wakf or a wakf property. Section 85 in terms provides that the jurisdiction of the Civil Court shall stand excluded in relation to only such matters as are required by or under this Act to be determined by the Tribunal. The crucial question that shall have to be answered in every case where a plea regarding exclusion of the jurisdiction of the Civil Court is raised is whether the Tribunal is under the Act or the Rules required to deal with the matter sought to be brought before a Civil Court. If it is not, the jurisdiction of the Civil Court is not excluded. But if the Tribunal is required to decide the matter the jurisdiction of the Civil Court would stand excluded.” [Mahesh Grover] November 17, 2010. Judge kadyan