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TMI Blog2004 (2) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 2. The petitioners claim that during Ramzan and Bakrid days along with their other brethren they used to offer prayers from 7.30 a.m., to 8.30 a.m., and there was no practice of Ahle-Sunnat-Wal-Jamat offering prayers at the Idgah and they used to offer prayers only in the Mosque. There have been disputes between the two sects on this ground. Therefore, Ahle-Sunnat-Wal-Jamat, the second respondent herein, filed a suit, being O.S. No. 167 of 2001, before A.P. Wakf Tribunal, Hyderabad, seeking a decree of injunction restraining the petitioners and members of Ahle-Hadees from offering prayers at Mosque and Idgah at Chilkalguda. The petitioners herein, another devotee and two other persons claiming themselves to be President and Secretary of the Managing Committee of Jamia Mosque Ahle-Hadees also filed O.A. No. 21 of 2001, seeking a direction to Respondents 1 and 2 herein (A.P. Wakf Board and Managing Committee, Ahle-Sunnat-Wal-Jamat), to permit the petitioners and followers of Ahle-Hadees sect by separate arrangement for ladies to perform Idd prayers on the occasion of Idd-Ul-Fitr and Idd-Ul-Zuha, prior to the prayers of the followers of Ahle-Sunnat-Wal-Jamat. They also sought for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal and revise the same. Reliance is placed on the decision of the Supreme Court in Sadhana Lodh v. National Insurance Company Limited, [2003] 1 SCR 567. Both the learned Counsel would urge that sufficient reasons are disclosed by the learned Tribunal and that those reasons are not irrational. Ahle-Sunnat-Wal-Jamat has a large number of Muslims believing in the sect, whereas, the total number of members belonging to Ahle-Hadees sect does not exceed one thousand. Having regard to this, the learned Tribunal permitted Ahle-Sunnanth-Wal-Jamath people to commence prayer at 7.30 a.m., and complete by 8.30 a.m. As it would take some time for the congregation to disburse, the petitioners' sect were permitted to perform prayers from 10.45 a.m., onwards. This, according to the learned Counsel for the respondents, is rational and reasonable. The learned Counsel for the second respondent also submits that Original Application filed by the petitioners under Sub-section (2) of Section 94 of the Act itself is not maintainable and, therefore, no interference is called for in this writ petition. 6. Whether a writ petition is maintainable at this stage? This is the question, which needs to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit. 8. As seen from Sub-section (2) and Sub-section (9), though no appeal would lie against it, any decision made by the Tribunal, power is conferred on the High Court to call for examining the records, either on its motion or on application made by the Wakf Board or person aggrieved, relating to any dispute, question or other matter determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality, or the propriety of such powers. This is essentially a revisional power conferred on the High Court by the Parliament to reverse or modify the decision of the Tribunal. There cannot be any doubt that this is an effective alternative remedy available to a person who is aggrieved by the order/decree passed by Wakf Tribunal. It is well settled that when statute gives a right of appeal or provides other effective alternative remedy like a revision, a writ petition is ordinarily not interfered. 9. A reference may be made to the decision of the Supreme Court in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai, AIR 1999 SC 22. In the said case, the Hon'ble Supreme Court relying on its earlier decision in Rashid Ahmad v. Municipal Board, [1950] 1 SCR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal, can file a petition under Article 226/227 of the Constitution of India, though appeal under Section 173 of the Motor Vehicles Act (MV Act) is available. It was contended that under Section 173 of the MV Act, an insurer has limited grounds available and, therefore, a petition under Article 226/227 of the Constitution is maintainable. The Supreme Court rejected the contention and held that availability of limited grounds to the insurer under Section 149(2) of MV Act, being the product of the statute, it is not open to an insurer to file a petition under Article 226/227 of the Constitution. The Supreme Court ruled out that where a statutory right to file an appeal is provided, it is not open to the High Court to entertain a petition under Article 226/227 of the Constitution. It was also held that if a revision is expressly barred, then only a remedy under Article 227 can be availed, but not the remedy under Article 226. The following passage from the judgment of his Lordship Hon'ble the Chief Justice V.N. Khare needs to be excerpted. The right of appeal is a statutory right and where the law provides remedy by filing an appeal on limited grounds, the grounds of challenge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal constituted under Sub-section (1) of Section 83 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 while trying a suit or executing a decree or order. The jurisdiction of the Civil Court is specifically barred under Section 85 of the Act. Therefore, when the Tribunal has been conferred with the power to determine any dispute, question or other matter relating to a Wakf or Wakf property under the Act and acts as a Civil Court for all purposes, this Court, in exercise of the jurisdiction under Article 226 of the Constitution, cannot permit a party to bypass such statutory remedy and assign itself the role of statutory authority or Tribunal by dealing with the disputed questions of fact or title. It is only after the issue or dispute is determined by the Tribunal at the first instance, the High Court, in exercise of the power under the proviso to Sub-section (9) of Section 83 of the Act gets jurisdiction and can go into the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order it may think fit. We are, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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