JUDGMENT 1. 1. By this writ petition under Articles 226/227 of the Constitution of India the petitioner seeks to quash the order dated May 4, 2002 of the learned District Judge, Jaipur City whereby the appeal of the petitioner preferred under Section 9 of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (for short 1964 Act') was returned to the petitioner on the ground that it was not maintainable in view of Section 85 of the Wakf Act, 1995 (for short "1995 Act'). 2. Sum and substance of the contention advanced on behalf of the petitioner is that appeal under Section 9 of the 1964 Act is not barred as right of appeal is a substantive right and not a procedural matter. Being a creature of statute of the nature and character of the right of appeal must be controlled by the provisions of the Statute, therefore, Section 85 of 1995 Act which does not include the term 'appeal', cannot be interpreted to mean that appeal against the order of Estate Officer is not maintainable under Section 9 of 1964 Act. 3. Section 85 of the 1995 Act provides thus: "No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal." A bare look of this section demonstrates that it bars jurisdiction of civil courts in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under the Act to be determined by a Tribunal. 4. It will be appropriate at this juncture to consider as to what is the concept of 'Wakf. According to Abu Yusuf, 'Wakf' is the detention of a thing in the implied ownership of almighty God in such a manner that its profits may be applied for the benefit of human being and the dedication once made is absolute so that the thing dedicated can neither be sold, nor given nor inherited and the donor may name any pious object on which the income from the wakf is to be utilised. The concept of wakf was introduced in India with the establishment of Muslim rule. The concept of wakf was introduced in India with the establishment of Muslim rule. The British Government in India did not interfere with the personal laws of Hindus and Muslims and it was only in 1810 that the general superintendence of religious and charitable endowments was vested in Board of Revenue and Board of Commissioner. Board of Revenue was put in possession of the lands and other properties, charitable and religious endowments, both Muslims and Hindus. In 1863, the Religious Endowment Act was passed and property relating to religious charitable and public endowments were transferred to trustee managers. In 1890, a Central Treasurer as appointed for all charitable endowments for the whole country under the Charitable Properties Act, 1890. In 1913, the Musalman Wakf Validating Act was passed. Again in 1930, the Musalman Wakf Validating Act was passed which removed the deficiencies of 1913 Act. For the better administration and supervision of wakfs, the Wakfs Act, 1954 was passed by the Parliament and the same was amended four times. The need for further amendments was felt and a consolidated Bill, the Wakf Bill, 1995, was introduced in the Parliament to provide for the better administration of wakfs and for matters connected therewith. The said Bill was passed by both the Houses of Parliament and it received the assent of the President on November 22, 1995. 5. Section 83 of 1995 Act gives power to State Government to constitute Tribunals for the determination of any dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals. 6. Section 9(1) of 1964 Act provides thus: "9 (1) An appeal shall lie from every order of the estate officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be district judge of the district in which the public premises are situated or such other judicial officer in that district of not less than ten years' standing as the district judge may designate in this behalf." 7. The meaningful question that requires my consideration is whether after enactment of Section 85 of 1995 Act, an appeal against the order of Estate Officer (Wakf) can still be filed before the District Judge under Section 9 of 1964 Act. 8. The meaningful question that requires my consideration is whether after enactment of Section 85 of 1995 Act, an appeal against the order of Estate Officer (Wakf) can still be filed before the District Judge under Section 9 of 1964 Act. 8. Substantiating his submissions learned counsel for the petitioner urged that the framers of 1995 Act wherever intended to use the word 'appeal', incorporated the said word expressly. In sub-section (1) of section 87 of 1995 Act it is provided that 'Notwithstanding anything contained in any other law for the time being in force no suit, appeal or other legal proceeding for the enforcement of any right on behalf of any wakf which has not been registered in accordance with the provisions of this Act, shall be instituted......" It is contended by learned counsel that as the word 'appeal' has not been used independently in Section 85 of 1995 Act, it will be inferred that filing of appeal under Section 9 of 1964 Act is not barred and the District Judge, Jaipur City, Jaipur had jurisdiction to entertain the appeal. Learned counsel for the petitioner urged that the judgment rendered in Ghisa Vs. Estate Officer (S.B. Civil Writ Petition No. 1846/2001 ) decided on December 11, 2001, by another Single Bench of this Court is per incuriam, therefore, it should be ignored. Reliance is placed on various authorities that shall be considered at the appropriate juncture. 9. Per contra, learned counsel for the respondents supported the impugned order and canvassed that appeal against the order of the Estate Officer was maintainable before the Wakf Tribunal. 10. I have pondered over the rival submissions. 11. The term 'appeal' is defined in the Oxford Dictionary Vol.1 page 398, as the transference of a case from an inferior to a higher court or tribunal in the hope of reversing or modifying the decision of the former. The term 'appeal' contained in the Law Dictionary, by Sweet where it was defined "as a proceeding taken to rectify an erroneous decision of a court by submitting the question to a higher court, or Court of appeal". 12. Their Lordships of the Supreme Court in State of Haryana Vs. Maruti Udyog Ltd., (2000) 7 SCC 348 , indicated that right of appeal is the creature of the statute and has to be exercised within the limits and according to the procedure provided by law. 12. Their Lordships of the Supreme Court in State of Haryana Vs. Maruti Udyog Ltd., (2000) 7 SCC 348 , indicated that right of appeal is the creature of the statute and has to be exercised within the limits and according to the procedure provided by law. It is filed for invoking the powers of Superior Court to redress the error of the Courts, below, if any. 13. In G.A.I. Company's case Q.T. 1993 (3) SC 259 ), Hon'ble Supreme Court observed that there is a dear distinction between a suit and an appeal. The right of appeal inheres in no one and therefore, for maintainability of an appeal there must be authority of law. 14. In Ramesh Singh's case, J.T. 1996 (5) SC 543 , it was held that the right to appeal will crystalise in the appellant on institution of the application in the Tribunal of first instance and that vested right of appeal would not be dislodged by the enactment of the New Act. 15. In Dhruv Green Field Ltd. Vs. Hukan Singh (2002) 6 SCC 416 , their Lordship of the Supreme Court propounded that bar against jurisdiction of Civil Court not to be inferred unless alternative remedy is provided. 16. Jagmohandas Vs. Jamnadas (AIR 1965 Gujrat 181 ), was the case wherein Single Bench of Gujrat High Court (Hon'ble P.N. Bhagwati, J. as His Lordship then was) had occasion to interpret the words "Legal Proceedings". It was observed in para 33 as under: ".. .. I may mention here that there is no settled formula by which any particular and definite meaning can be given in all cases to the words "legal proceedings" when they are preceded by the word "suit". These words have different meanings in different statutes and it is not possible to lay down a general rule of interpretation which would be applicable in all cases. In each particular case, the question has to be examined in reference to the context and that meaning has to be preferred which will best fit with it." (Underlining is mine) 17. Coming to the scheme of 1995 Act it may be noticed that an important provision relating to setting up of Wakf Tribunals to consider question and disputes pertaining to wakfs has been incorporated. Coming to the scheme of 1995 Act it may be noticed that an important provision relating to setting up of Wakf Tribunals to consider question and disputes pertaining to wakfs has been incorporated. As already stated Section 83 of 1995 Act provides that any dispute, question or other matters relating to a wakf or wakf property shall be determined by the Wakf Tribunal. Even sub-section (1) of section 87 bars continuation, hearing, trial or decision of suits, appeals or other legal proceedings pending before the commencement of 1995 Act relating to unregistered wakfs by any civil court. 1995 Act was enacted to provide for the better administration of wakfs and for matters connected therewith or incidental thereto. Therefore, the provisions contained in section 85 have to be examined with reference to the object underlying 1995 Act. 18. A bare look of section 9 of 1964 Act goes to show that appeal against the order of Estate Officer shall lie before the Appellate Officer who shall be the District Judge of 10 years standing. This provision implies that the District Judge shall hear the appeal as 'persona designation and not as a Civil Court. 19. The plain and natural meaning of the words "legal proceedings" would comprise "any proceeding authorised by law". From a close look at section 85, I find nothing in the section which requires the court to give a narrow or restricted meaning to the words "legal proceedings". The expression "other legal proceedings" when read in isolation is wide enough to include any proceeding taken in accordance with law, whether so taken in a court of law or before any authority or Tribunal in relation to wakf property. I am of the considered opinion that after enactment of section 85 of 1995 Act, the Appellate Authority under section 9 of 1964 Act in relation to dispute, question or other matters relating to wakf or wakf property, it the Wakf Tribunal headed by the District Judge of 10 years standing. In view of this conclusion, I do not see any error in the impugned order of the learned District Judge, Jaipur City, Jaipur. 20. For the reasons aforementioned, the writ petition being devoid of merit stands dismissed. However, the petitioner shall be at liberty to approach the Wakf Tribunal, if she so chooses. In view of this conclusion, I do not see any error in the impugned order of the learned District Judge, Jaipur City, Jaipur. 20. For the reasons aforementioned, the writ petition being devoid of merit stands dismissed. However, the petitioner shall be at liberty to approach the Wakf Tribunal, if she so chooses. If the order of Estate Officer is assailed, learned Tribunal shall condone the delay and decide the matter on merits in accordance with law. There shall be no order as to costs.Petition dismissed. *******