Mohd Abdul Sattar v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.19975 OF 2019

O R D E R

Mr. Farahan Azam Khan, learned Standing Counsel for Wakf Board submits that in pursuance of legal notice stated to have been issued by the petitioner under Section 89 of the Wakf Act, 1995 (for short 'the Act'), he has to move the Wakf Tribunal under Section 83 of the Act, since factual adjudication is required in the matter, and in view of the availability of alternative remedy, writ petition may not be entertained. Learned counsel for the petitioner does not dispute that petitioner has alternative remedy.

Since the matter requires factual adjudication involving disputed questions of fact, writ petition is disposed of leaving it open to the petitioner to avail the alternative remedy under Section 83 of the Act. Writ petition is accordingly disposed of.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

----------------------------------------- A.RAJASHEKER REDDY,J DATE:24-09-2019 AVS