Maintainability of challenges to Waqf Board orders requires pursuit through the Waqf Tribunal, rather than direct approaches to the High Court.

Anil K. Narendran, J.

The petitioners have filed this writ petition, invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P11 order dated 10.01.2024 passed by the 2^nd respondent Kerala State Waqf Board in E.P.No.4712/CR/12; a writ of mandamus commanding the 1^st respondent State Waqf Board to pass fresh orders in E.P.No.4712/CR/12, taking a pragmatic approach and in accordance with the provisions of the Waqf Act, 1995 , as it stood before the Amendment Act No.27 of 2013, considering the fact that all the mandates required for sanctioning the exchange of property proposed therein were completed much prior to the said amendment and that, the said amendment had no retrospective effect. In the writ petition, the petitioners would place reliance on Ext.P12 judgment dated 04.02.2025 of a Division Bench of this Court in W.P.(C)No.36695 of 2024 and Ext.P13 order dated

26.07.2024 in C.R.P.(Waqf)No.280 of 2016.

2. We heard the arguments of the learned counsel for the petitioners and also the learned Standing Counsel for the Kerala State Waqf Board for respondents 1 and 2.

3. The Waqf Act, 1995 , which was re-named as the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, vide Waqf (Amendment) Act, 2025, is enacted by the Parliament to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. Section 32 of the Act deals with the powers and functions of the State Waqf Board. As per sub-section (1) of , subject to any rules that may be made under this Act, the general superintendence of all Auqaf in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such Auqaf were created or intended. Section 47 of the Act deals with the audit of accounts of Auqaf; Section 63 deals with the power to appoint Mutawallis in certain cases; Section 69 deals with the power of the Board to frame a scheme for the administration of waqf; (4) deals with the power of the Board to cancel or modify the scheme; and Section 70 deals with inquiry relating to administration of waqf.

4. Section 83 of the 1995 Act deals with the constitution of Tribunals, etc. As per sub-section (1) of , the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under the Act and define the local limits and jurisdiction of such Tribunals. As per the proviso to sub-section (1) of , any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act.

5. As per sub-section (2) of Section 83 of the 1995 Act, any mutawalli person interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, may make an application within the time specified in the Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. As per the proviso to sub-section (2) of , inserted by the Waqf (Amendment) Act, 2025, with effect from 08.04.2025, if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly.

6. As per sub-section (9)