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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Anowaruddin Wakf Estate – Appellant
Versus
Bipin Dey – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. A. Das, the learned counsel for the petitioner. Also heard Ms. S. Nazneen, the learned counsel for the respondent No. 2.
2. By order dated 02.04.2025, this Court has decided to proceed with the hearing of this case in the absence of other respondents as even after due service of notice against them, they were absent without any steps.
3. This civil revision petition has been registered on filing of an application under Article 227 of the Constitution of India by the petitioner, namely, Anowaruddin Wakf Estate impugning two orders passed by the learned Presiding Officer Wakf Tribunal, Kamrup (Metro).
4. Firstly, the order dated 18.04.2016 passed in W.T. Misc.(J) Case No. 4 of 2015 arising out of W.T. Case No. 1/2009, whereby the application filed by the present petitioner under Order 1 Rule 10 of the Code of Civil Procedure, 1908 to implead the Punjab National Bank as a party in the case was rejected.
5. Secondly, the order dated 13.06.2016 passed by the learned Presiding Officer, Wakf Tribunal, Kamrup(Metro), Guwahati on the petition No. 319/2016 dated 16.05.2016 arising out of WT Case No. 1/2009, whereby, the application filed by the defen
The court establishes that a necessary party must be impleaded in a pending case for effective adjudication and supports the Tribunal's decision to allow witness recall for cross-examination.
The main legal point established in the judgment is that the jurisdiction of the civil court is expressly barred in instances where a dispute falls within the domain of the Wakf Tribunal, as per the ....
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
Civil courts lack jurisdiction over disputes involving Wakf properties as per the WAKF ACT, sections 83 and 85, which mandate that such matters be determined by the Wakf Tribunal.
Civil Courts retain jurisdiction over matters pending before them prior to the enactment of the Wakf Act, 1995.
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
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