Court No. - 3
Case :- WRIT - C No. - 24719 of 2020 Petitioner :- C/M Waqf No 79 Lalbazar Masjid Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Shashank Shekhar Mishra,Shiv Kumar Singh Rajawat Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the State-respondent No.1; and perused the record.
The order impugned dated 02.03.2020 passed by U.P. Sunni Waqf Board is pursuant to an interim order dated 30.09.2019 passed by U.P. Waqf Tribunal, Lucknow in Case No. 109 of 2019 whereunder the operation of the orders dated 02.11.2018 and 26.12.2018 was stayed and it was left open for the Board to proceed to appoint a Committee of the Waqf concerned.
As the order impugned has been passed pursuant to the order passed by the Waqf Tribunal in Case No. 109 of 2019, the appropriate course for the petitioner is to ventilate his grievance before the Waqf Tribunal. Otherwise also, the impugned order passed by the Board can be challenged before the Waqf Tribunal under the provisions of the Waqf Act.
In view of availability of alternative remedy, we decline to entertain this petition and leave it open to the petitioner to take recourse to alternative legal remedy.
The petition is dismissed on ground of availability of alternative remedy.
Order Date :- 5.1.2021 Sunil Kr Tiwari