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2002 Supreme(All) 1291

G.K.GUPTA, MARKANDEY KATJU
NAJMA KHATOON – Appellant
Versus
U P SUNNI CENTRAL BOARD OF WAQF – Respondent


Heard learned counsel for the parties.

2. In our opinion the petitioner has an alternative remedy of approaching the Waqf Tribunal constituted under Section 83 of Waqf Act, 1995. The petition is dismissed on the ground of availability of alternative remedy. However, if the petitioner approaches the Waqf Tribunal within three weeks from today his application will be entertained without raising any objection of limitation and shall be disposed of expeditiously in accordance with law after hearing the parties concerned.

3. Learned counsel for the petitioner submitted that the dispute in this writ petition cannot be adjudicated upon by the Tribunal under the Waqf Act because no order has been passed under the Waqf Act. In our opinion the scope of Section 83 is very wide. Section 83 (1) states that the Tribunal can adjudicate any dispute, question or other matter relating to a Waqf or Waqf property under this Act. The words "any dispute, question or other matter relating to Waqf or Waqf Property" are very wide words and hence in our opinion all matters relating to a Waqf or Waqf property can be adjudicated upon by the Tribunal constituted under Section 83 of the Waqf Act, 1995. We do no

















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