CR No.5826 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5826 of 2009 (O&M) Decided on : 16-12-2010 Naresh Kumar and another ....Petitioners VERSUS Haryana Wakf Board ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. S.M.Sharma, Advocate for the petitioner. Mr. G.S.Sandhawalia, Advocate for the respondent MAHESH GROVER, J The parties are ad idem that in view of the judgment rendered by Hon'ble Supreme Court in Ramesh Gobindram (deceased by LRs) vs. Sugra Humayun Mirza Wakf reported as AIR 2010 SC 2897 wherein it has been observed as under, the instant petition deserves to be agitated before the Civil Court:- “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 the jurisdiction of the Civil Courts stands completely excluded by reasons of such establishment. It is noteworthy CR No.5826 of 2009 (O&M) 2 that the expression “for the dtermination 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 toonly 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.” Hence, the instant petition is disposed of with a liberty to the parties to agitate their grievance before the Civil Court of competent jurisdiction. December 16 , 2010 (Mahesh Grover) rekha Judge