Disposed¶21

Mohammed Shareef v. Marwar Muslim Educational and Welfare Society

Rajasthan HC3 Feb 2025CW/6513/2023

Case brief

AI extract

What is this about?

Maintainability of writ petitions versus Waqf Tribunal orders; Section 83(9) proviso, Waqf Act 1995 - remedy confined to civil miscellaneous application before High Court; Article 227 writ jurisdiction declared non-maintainable against Tribunal orders; suo motu conversion of S.B. Civil Writ Petitions into S.B. Civil Misc. Applications by Registry; reliance on Deva Ram & Ors. v. Fakir Mohd. & Ors. (D.B. Civil Writ Petition No.599/2017, 07.08.2018); parties Naushad Ali v. Marwar Muslim Educational and Welfare Society; Rajasthan High Court, Jodhpur; Justice Munnuuri Laxman; decision 03/02/2025; twelve connected writ petitions of 2023.

What did the court decide?

Suo motu conversion of the writ petitions into S.B. Civil Misc. Applications; Registry directed to register them as such and list the matters. ¶21

Mohammed Shareef Vs Marwar Muslim Educational and… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Suo motu conversion of the writ petitions into S.B. Civil Misc. Applications; Registry directed to register them as such and list the matters.

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Issue for consideration

Whether writ petitions under Article 226/227 of the Constitution of India are maintainable against orders of the Waqf Tribunal passed under Section 83 of the Waqf Act, 1995, given that the Section 83(9) proviso prescribes a civil miscellaneous application before the High Court as the sole remedy against such Tribunal orders.

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Court's answer

Under the Section 83(9) proviso of the Waqf Act, 1995, the remedy available to a person aggrieved by orders of the Waqf Tribunal lies in a civil miscellaneous application before the High Court only.

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Ratio / Principle

Writ petitions under Article 227 of the Constitution of India against orders of the Waqf Tribunal are not maintainable; a civil miscellaneous application before the High Court is what is maintainable against such Tribunal orders.

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Key takeaways

Exercising suo motu powers in view of the above, the Court directed the Registry to register the present S.B. Civil Writ Petitions as S.B. Civil Misc. Applications and to list those matters.ratio¶21

Detailed headnote1 paragraphs

Rajasthan HC (Jodhpur), Order dated 03/02/2025, Munnuuri Laxman, J., S.B. Civil Writ Petition No. 6496/2023 (Naushad Ali v. Marwar Muslim Educational and Welfare Society), connected with twelve further writ petitions (Nos. 6513, 6595, 6625, 6628, 6634, 6836, 7820, 8216, 8602, 8605, 8610, 8752 of 2023): Orders of the Waqf Tribunal under Section 83 of the Waqf Act, 1995 are open to challenge only by way of a civil miscellaneous application before the High Court, as prescribed by the Section 83(9) proviso; consequently writ petitions under Article 227 of the Constitution of India against such Tribunal orders are not maintainable. The Court relied on the Division Bench decision in D.B. Civil Writ Petition No.599/2017 (Deva Ram & Ors. Vs. Fakir Mohd. & Ors.), decided 07.08.2018, and exercising suo motu powers converted the writ petitions into S.B. Civil Misc. Applications.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6496/2023

Naushad Ali

----Petitioner

Versus

Marwar Muslim Educational and Welfare Society

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----Respondent

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Connected With

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S.B. Civil Writ Petition No. 6513/2023 2. S.B. Civil Writ Petition No. 6595/2023 3. S.B. Civil Writ Petition No. 6625/2023 4. S.B. Civil Writ Petition No. 6628/2023 5. S.B. Civil Writ Petition No. 6634/2023 6. S.B. Civil Writ Petition No. 6836/2023 7. S.B. Civil Writ Petition No. 7820/2023 8. S.B. Civil Writ Petition No. 8216/2023 9. S.B. Civil Writ Petition No. 8602/2023 10. S.B. Civil Writ Petition No. 8605/2023 11. S.B. Civil Writ Petition No. 8610/2023 12. S.B. Civil Writ Petition No. 8752/2023

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For Petitioner(s) : Ms. Shalli Gajja Mr. Rakesh Gupta For Respondent(s) : Mr. C.S. Kotwani Mr. Shahdat Ali

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HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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03/02/2025

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The impugned orders in the present writ petitions are pertaining to the orders passed by the Waqf Tribunal under Section 83 of the Waqf Act, 1995.

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Learned counsel for the respondents has argued that the writ petitions are not maintainable under Article 226 or 227 of the Constitution of India for the reason that there is a specific provision under the Waqf Act, 195 i.e. Section 83 (9) proviso which states that only a civil miscellaneous application is maintainable against the orders of the Waqf Tribunal. To support

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(2 of 2) [CW-6496/2023]

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his contention, learned counsel for the respondents has relied upon the decision of the Division Bench of this Court in D.B. Civil Writ Petition No.599/2017 (Deva Ram & Ors. Vs. Fakir Mohd. & Ors.) passed on 07.08.2018.

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Learned counsel for the petitioner submits that similar kind of objection was taken when the stay application was heard and orders were passed granting stay. As seen from the stay orders, this Court has not decided the maintainability of the writ petitions and it only simply granted interim relief.

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Section 83(9) proviso of the Waqf Act, 1995 gives remedy to the person aggrieved of the orders of Waqf Tribunal. The proviso says that civil miscellaneous application is maintainable before the High Court only.

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Since the present writ petitions are filed under Article 227 of the Constitution of India, in light of decision of the Division Bench of this Court in the case of Deva Ram & Ors. (Supra) and the specific provision provided under Section 83(9) proviso of the Waqf Act, 1995, the writ petitions under Article 227 of the Constitution of India is not maintainable. It is a civil miscellaneous application which is maintainable before the High Court.

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In the above facts and circumstances, this Court is intended to exercise the suo motto powers to convert the S.B. Civil Writ Petitions into S.B. Civil Misc. Applications. Registry is directed to register the present writ petitions as S.B. Civil Misc. Applications and list these matters.

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(MUNNURI LAXMAN),J

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5 to 17 -BhumikaP/-

Mohammed Shareef v. Marwar Muslim Educational and Welfare Society

Case brief

What is this about?

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Mohammed Shareef v. Marwar Muslim Educational and Welfare Society

Case brief

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