High Court of Himachal Pradesh : Deciding upon an issue as to whether Regular First Appeal or Civil Revision or petition under Article 227 of the Constitution would lie against the order passed by the Wakf Tribunal, the Bench comprising of Mansoor Ahmad Mir, CJ., and Sandeep Sharma, J., held that the Regular First Appeal or Civil Revision or petition under Article 227 is not maintainable against any decision or order whether interim or otherwise, given or made by the Wakf Tribunal, since sub-section (9) of Section 83 of the Wakf Act provides an efficacious alternative remedy to the aggrieved party to invoke the revisional jurisdiction of the High Court against such order/decision of the Wakf Tribunal.
The Court while considering a bunch of petition involving the question as to maintainability of suit in the civil court against the decision or orders of the Wakf tribunal observed that since the Act provides that the decision of the Wakf Tribunal shall be final and binding hence no appeal shall lie against any decision or order whether interim or otherwise, given or made by the Wakf Tribunal. The Court stated that it is astonishing that the present writ petitions and Regular First Appeals are being preferred by the aggrieved parties before this Court challenging the decisions rendered by the Tribunals constituted under the Act without understanding how such appeals or writ petitions will be entertained because of the existence of the specific bar in terms of Section 83(9) of the Act that no appeal will lie against the decision/order of the Tribunal.
The Court stated that if any person is aggrieved by the decisions/orders of the Wakf Tribunals can invoke the revisional jurisdiction of the High Court hence remedy is provided to the aggrieved person by way of filing revision petition and not by the medium of appeal. The Court also observed it is settled law that suit for eviction from wakf property is triable by a civil court and not by the Wakf Tribunal since the Act does not provide determination of dispute of eviction by the Tribunal. [Mumtaz Ahmad v. State of H.P., 2016 SCC OnLine HP 2603, decided on November 16th 2016]