Hon'ble Saurabh Lavania,J.
Heard Mr. S.A. Mehdi, learned counsel for the petitioner, Ms. Isha Mittal, learned Standing Counsel for respondent no.2 and Sri S.A.A. Rizvi, learned counsel for the respondent no.1.
Pursuant to the directions made by a Co-ordinate Bench of this Court dated 06.09.2014 in Writ Petition No. 8690 of 2014 (M/B) : Sarkar Aagha Vs. State of U.P. and others, the petitioner filed an appeal, bearing No. 182 of 2016 (01/2014), along with application for grant of interim relief before the U.P. Waqf Tribunal, Lucknow within the period as prescribed in the order dated 06.09.2014 (Supra). Learned Tribunal, vide order dated 15.11.2017, allowed the appeal and directed the respondent no.1-Shia Central Waqf Board, Lucknow to make an inquiry on the allegations made by the appellant/petitioner against the Mutwalli of the Waqf in question in accordance with law and further restrained Faiz Ali and Mujarrab alias Guddu (respondent no.4 herein) not to alienate the property nor made any construction, till the conclusion of the enquiry.
Grievance of the petitioner is that inspite of the order dated 15.11.2017 (Supra), the respondent nos. 3 to 5 are carrying out construction activities, therefore, he made a complaint in this regard before the authority concerned but till date, no action has been taken by the authority concerned. Thus, the petitioner has filed the present writ petition, seeking a writ of mandamus directing the respondents nos. 1 and 2 to comply/execute the order dated 15.11.2017 (supra) passed by the learned Tribunal.
In order to appreciate the aforesaid submission of the learned counsel for the petitioner, we deem it apt to reproduce sub-section 5, 6, 7 and 8 of Section 83 of the Waqf Act, 1995, which are as under :
"(5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order.
(6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed.
(7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil court.
(8) The execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908)."
From perusal of the aforesaid provisions of the Waqf Act, 1995, it reveals that the Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. The decision of the Tribunal shall be final and binding upon the parties to the application and it shall be the force of a decree made by a civil Court and the execution of any decision of the Tribunal shall be made by the Civil Court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908).
Considering the aforesaid, we are of the view that as the petitioner is having remedy to approach appropriate forum as provided under sub-section (8) of the Section 83 of the Waqf Act, 1995, therefore, no direction as prayed by the petitioner in the present writ petition under Article 226 of the Constitution of India can be issued.
The writ petition is, accordingly, disposed of.
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(Saurabh Lavania, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 29.11.2019 Ajit/-