Court No. - 6

Case :- WRIT - C No. - 21967 of 2022

Petitioner :- Waqf No 81 District Hamirpur And Another

Respondent :- State Of U.P. And 10 Others

Counsel for Petitioner :- Archit Mandhyan,Mohammed

Asif,Rishabh Kumar

Counsel for Respondent :- C.S.C.,Punit Kumar

Gupta,Saket Jaiswal

Hon'ble J.J. Munir,J.

Against the appointment of the Committee of Management

of Waqf No. 81, Hamirpur passed by the U.P. Sunni Central

Board of Waqf, Lucknow on 18.09.2021, the petitioners

have preferred a petition to the U.P. Waqf Tribunal,

Lucknow, being Case No. 110 of 1921. In the said petition,

an application for interim relief was moved, asking for

suspension of the impugned order dated 18.09.2021 and

the consequential Office Memo dated 20.09.2021. The

Tribunal, by its order dated 06.06.2022, has rejected the

said application in the pending petition.

Mr. Devendra Mishra, Advocate holding brief of Mr. Punit

Kumar Gupta, learned Counsel, who appears on behalf of

respondent nos. 3 and 4 - the Waqf Board, takes a

preliminary objection that the impugned order is revisable

to this Court under the proviso to sub-Section (9) of Section

83 of the Waqf Act, 1995. Indeed, any order passed by the

Tribunal is revisable to this Court under the proviso to sub-

Section (9) to Section 83 of the Waqf Act, 1995.

In this view of the matter, this writ petition is evidently

barred by the principle of alternative remedy. It is,

accordingly, dismissed as not maintainable on account

of availability of an equally efficacious alternative remedy.

This order will, however, not prevent the petitioner from

availing any other remedy, as may be advised.

The certified copy of the impugned order may be returned

to the learned counsel for the petitioner by the office, upon

retaining a xerox copy of the same on record.

Mr. Saket Jaiswal, learned Counsel, is present on behalf of

respondent no. 8.

Order Date :- 9.9.2022

I. Batabyal

Digitally signed by ISHAN

BATABYAL

Date: 2022.09.13 13:55:06 IST

Reason:

Location: High Court of Judicature at

Allahabad