S. B. SINHA, C. J.

( 1 ) THE question which arises for consideration in this appeal which is preferred from a Judgment and Order dated 16-4-2001 passed by a learned single Judge of this Court in W. P. No. 7058 of 2001 is as to whether the writ petition should be entertained despite the fact that an alternative remedy is available under section 83 of the Wakf Act, 1995 on the ground that the wakf in question is not a registered one.

( 2 ) THE fact of the matter lies in a very narrow compass. One Sri Syed burhanuddin Ali Shah who was also known as Hazrat Syed Burhanullah Shah and who led his life as a Sofi died a century back leaving behind him inam land to an extent of 21 Acres 14 Guntas is S. No. 139 situated at zaheerabad, Medak district which is called dargah Hazarat Burhan Ali Shah and graveyard. He had two sons namely Syed mohiuddin Ali Shah and Syed nadeemullah Shah. While the appellant-writ petitioner belongs to the branch of Syed nadeemullah Shah, 4th respondent hereinbelongs to the branch of Syed Mohiuddin Ali Shah.

( 3 ) THE case of the appellant is that the aforementioned property is the only source of livelihood of their family. Out of the total extent of Ac. 21-14 gts.

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