JUDGMENT

R.M. Lodha, J.:- Leave granted.

2. Sections 6 and 7 of the Waqf Act, 1995 (for short, 'Act') provide for determination of certain disputes regarding Waqf only by the Waqf Tribunal. These provisions as amended by Act 27/2013 read as under :

“Section 6. Disputes regarding auqaf.- (1) If any question arises whether a particular property specified as waqf property in the list of auqaf is waqf property or not or whether a waqf specified in such list is a Shia waqf or Sunni waqf, the Board or the mutawalli of the waqf or any person aggrieved may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:

Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of auqaf.

Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub- section (6) of section 4.

(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any waqf shall be stayed by reason only of