Revision against Wakf Tribunal order. Bench followed Supreme Court's view that Civil Court has jurisdiction, set aside impugned order, and directed parties to seek remedy in Civil Court.
Impugned order of Wakf Tribunal set aside; parties liberty to approach Civil Court for redressal.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1989 of 2008 (O&M)
Date of Decision: 20.9.2010.
Ram Chander and others
....Petitioners
Versus
Haryana Wakf Board and others
...Respondents
CORAM : Hon'ble Mr. Justice Rakesh Kumar Garg
Present:Mr. Arun Jain, Sr. Advocate with Mr. Amit Jain, Advocate for the petitioners.
Mr. Jai Bhagwan, Advocate for respondent No.1.
RAKESH KUMAR GARG, J
Learned counsel for the parties are ad-idem that in view of the judgment of Hon'ble the Supreme Court of India, in the case of Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, Civil Appeal No. 1182 of 2006 , the matter has to be decided by the Civil Court and the Wakf Tribunal has no jurisdiction in the matter. Thus, the impugned order is set aside.
The parties are at liberty to avail appropriate remedy before the competent Civil Court with regard to redressal of their grievances in accordance with law.
(RAKESH KUMAR GARG) 20.9.2010. JUDGE
Reema
1 issue framed by the court
Whether the Wakf Tribunal has jurisdiction to decide the matter in light of the Supreme Court's judgment in Ramesh Gobindram case?
Colour shows how this judgement treated each authority
Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza WakfFollowed¶13
Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, Civil Appeal No. 1182 of 2006
1 provisions across 1 enactments
Ram Chander and others
Haryana Wakf Board and others
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
