High Court of Judicature at Allahabad
Case Law Search
Abdul Aziz And Another v. State Of U.P. And Others - WRIT - C No. 12004 of 2006  RD-AH 4653 (28 February 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This writ petition has been filed against the impugned order dated 31st December, 2005 by which the Committee of Management has been superceded by the Chairman, U.P. Sunni Central Waqf Board, Lucknow.
Shri Syed Mahmood and Shri Mohd. Shoeb Khan, learned counsel appearing for the respondents have raised a preliminary objection regarding maintainability of the writ petition contending that in view of the provisions contained in Section 67 (4) of the Waqf Act, 1995, the order under challenge is appeallable and as the petitioners have approached this Court without exhausting the statutory remedy of appeal, the petition should not be entertained.
We have also considered the submissions made by Shri Manoj Mishra, learned counsel for the petitioners that under the Statute, the Appellate Authority shall have no power to grant interim relief or keeping the order under challenge in suspension.
Be that as it may, as the remedy of appeal has been provided by the Statute itself, we are not inclined to entertain this petition. Petition is accordingly dismissed with liberty to approach the appellate forum. In case, the appeal is filed, we request the learned Appellate Authority to decide the same most expeditiously in accordance with law after hearing all the parties concerned, preferably within a period of three months from the date of filing the appeal along with a certified copy of this order before him.
Double Click on any word for its dictionary meaning or to get reference material on it.