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Ram Kumar Gupta Vs Shia Central Board of Waqfs, U.P and others

Case No: C.M.W.P. No. 19133 of 1998

Date of Decision: Nov. 10, 1998

Acts Referred: Constitution of India, 1950 — Article 226#Waqf Act, 1995 — Section 83, 83(2)

Citation: (1999) 1 AWC 450

Hon'ble Judges: S.L. Saraf, J; M. Katju, J

Bench: Division Bench

Advocate: Dhruva Narayana and Bala Krishna Narayana, for the Appellant; S.C., Haider Husain and S.M. Dayal, for the Respondent

Final Decision: Disposed Of

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Judgement

M. Katju and S.L. Saraf, JJ.@mdashHeard Sri Dhruva Narayana for petitioner and learned standing counsel and Shri Haider Husain for

respondents.

2. In our opinion, the petitioner has an alternative remedy to approach the Tribunal constituted u/s 83 of the Wakf Act, 1995.

3. Learned counsel for petitioner states that the Tribunal had not yet been constituted although three years have expired since the passing of the

Act. Hence we direct the State Government to constitute the Tribunal u/s 83 within three months from today positively. The petitioner may

approach the Tribunal as soon as it is constituted and his application u/s 83(2) will be decided within three months thereafter in accordance with

law after hearing the parties concerned. Till the disposal of the application, status quo regarding the property in dispute shall be maintained.

4. Petition is disposed of finally.