2004 (2) TMI 743 - HC - Indian Laws

Summary

Issues Involved:
1. Whether a writ petition is maintainable at this stage.
2. The grievance regarding the order of prayer timings at Idgah.

Summary:

Issue 1: Maintainability of the Writ Petition
The primary issue addressed was whether a writ petition is maintainable given the alternative remedy available u/s 83(9) of the Wakf Act, 1995. The court emphasized that the Wakf Act provides a comprehensive mechanism for resolving disputes related to Wakfs, including the establishment of a Wakf Tribunal whose decisions are final and binding. The court noted that u/s 83(9), the High Court has revisional powers to examine the records of the Tribunal to ensure the correctness, legality, or propriety of its determinations. The court cited precedents, including "Whirlpool Corporation v. Registrar of Trade Marks, Mumbai" and "Sadhana Lodh v. National Insurance Co., Ltd.," to assert that a writ petition is generally not maintainable when an effective alternative remedy is available. The court concluded that since the Tribunal had jurisdiction and no violation of natural justice or jurisdictional error was alleged, the writ petition was not maintainable.

Issue 2: Grievance Regarding Prayer Timings
The petitioners, belonging to the Ahle-Hadees sect, were aggrieved by the Wakf Tribunal's order allowing the Ahle-Sunnat-Wal-Jamat sect to perform prayers earlier. The Tribunal's decree mandated that Ahle-Sunnat-Wal-Jamat start prayers by 7:00 a.m. and vacate the premises by 8:30 a.m., allowing Ahle-Hadees to commence prayers from 10:45 a.m. onwards. The petitioners argued that this order was irrational and perpetuated a sense of second-class status for their sect. However, the court did not delve into the merits of this grievance due to the preliminary finding on the maintainability of the writ petition.

Conclusion:
The writ petition was dismissed in limine, with the court granting liberty to the petitioners to avail the remedy u/s 83(9) of the Wakf Act. The court refrained from addressing the substantive issues regarding the prayer timings, leaving them open for determination in appropriate proceedings.