High Court of Judicature at Allahabad
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Shahid And Another v. The Government Of Uttar Pradesh And Others - WRIT - C No. 15236 of 2006  RD-AH 6682 (27 March 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed for quashing the order dated 20.01.2006 passed the U.P. Sunni Central Waqf Board, Lucknow . By the said order, a direction has been issued for cancellation of the agreement to sell and a further ban on the transfer of the property in dispute.
We have heard learned counsel for the petitioners and Shri Khalid Masood, learned counsel appearing for the respondents and have perused the material available on record.
Shri Masood, learned counsel appearing for the respondents has raised a preliminary objection regarding maintainability of the writ petition contending that the petitioners have an alternative statutory remedy of approaching the Tribunal under Section 83 of the Waqf Act, 1995 and as the petitioners have approached this Court without exhausting the aforesaid remedy, this Court should not entertain this petition.
We find considerable force in the submission made by learned counsel for the respondents and in view thereof, the petition is dismissed with liberty to the petitioner to approach the learned Tribunal under Section 83 of the Act 1995.
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