Allahabad High Court
HUMAYUUN ABBAS ZAIDIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition is not maintainable if a specific statutory appeal under Section 83(9) of the Unified Waqf Management Act provides an alternative remedy.
Summary
The petitioner, Humayuun Abbas Zaidi, filed a writ petition challenging a notice dated 18 February 2026 issued by Respondent No.3. The respondents contended that the petitioner had an alternative statutory remedy under Section 83(9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The court noted that this contention was not disputed and that the statute expressly provides a right of appeal against the impugned order. Consequently, the court held that the writ petition was not maintainable because the petitioner could pursue the appeal under the Act. The petition was therefore dismissed on the ground of an alternative remedy.
Issues considered
- Whether the writ petition is maintainable when a statutory appeal under Section 83(9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 is available
Legislation cited
- Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 — s. 83(9)
Subjects
- Waqf
- Statutory remedy
- Alternative remedy
- Writ petition
- Section 83(9)
- Unified Waqf Management Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10219 of 2026
Humayuun Abbas Zaidi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Kanojia
Counsel for Respondent(s) : C.S.C., Punit Kumar Gupta
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned counsel for the
respondents.
2. The petitioner by means of the present petition has assailed the notice
dated 18.02.2026 issued by the respondent no.3.
3. A preliminary objection has been raised by learned counsel for
respondents that against the order impugned, there is a statutory remedy of
appeal under Section 83(9) of the Unified Waqf Management,
Empowerment, Efficiency and Development Act, 1995.
4. The aforesaid fact is not disputed by the learned counsel for the petitioner.
5. Since, there is statutory remedy of filing appeal under Section 83(9) of the
Unified Waqf Management, Empowerment, Efficiency and Development
Act, 1995 against the order impugned, therefore, present petition is not
maintainable before this Court.
6. Consequently, the present petition is dismissed on the ground of
alternative remedy.
March 18, 2026
Sattyarth
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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