JUDGMENT Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioner has challenged the order dated 26.8.2008 passed by Wakf Tribunal/Civil Judge (Sr. Division) Muzaffar Nagar, contained in (Annexure-12 of the writ petition) whereby ex-parte temporary injunction has been granted by the Wakf Tribunal in favour of respondents against the petitioner and further relief in the nature of mandamus commanding the Civil Judge (Sr. Division), Muzaffar Nagar not to give effect to and not to implement the appointment of respondents No.1 to 3 as Wakf Committee and not to interfere in petitioner’s functioning as Mutawalli of the Wakf has been sought for. 2. The brief facts leading to the case are that the Wakf in dispute is a public and charitable Wakf registered as Wakf Masjid Hauz Wali No. 13 Muzaffar Nagar with the U.P. Central Wakf Board and its management is carried out by the petitioner. Earlier vide order dated 25.8.2001 the Wakf Board had appointed the Managing Committee for 5 years under the Presidentship of Mohammad Fazil of which Zaheer Ahmad was Secretary. The term of said Committee was going to expire on 24.8.2006, therefore on 14.8.2006 the petitioner’s committee filed an application for extension of its term. Whereas on 17.8.2006 some complaints were made by Shamim Akhtar and others against the petitioner’s committee on which the Wakf Board after affording an opportunity to the parties on 7.6.2007 dismissed the said complaint and extended the term of petitioner’s committee for further period of one year. In the new Committee Zaheer Ahmad was appointed as Joint Secretary. It is stated that said order dated 7.6.2007 was however wrongly stayed by the Chairman of the Wakf Board vide order dated 16.6.2007 which was challenged by the petitioner by means of Reference No. 8 of 2007 before the Tribunal/Civil Judge (Senior Division), Muzaffar Nagar, which is still pending. Subsequently the Chairman of Wakf Board passed an order on 3.9.2007 by which he has set aside the order of appointment of petitioner’s committee dated 7.6.2007 and has appointed Administrative Committee under Section 65 of the Wakf Act 1995 (hereinafter referred to as ‘the Act’). In the said committee Zaheer Ansari the Mutawalli of present Wakf committee has also been included as Member. In the said committee Zaheer Ansari the Mutawalli of present Wakf committee has also been included as Member. It is stated that the State Government was required to publish a Gazette Notification to validate the said order under Section 65 of the Act, therefore, on 12.9.2007 the Chief Executive Officer of the Board had written a letter to the State Government for issuing a Gazette Notification. It is stated that till today the State Government has not issued any Gazette Notification under Section 65 of the Act in pursuance of said letter of Chief Executive Officer dated 12.9.2007 and to meet out the said flaw the Chief Executive Officer of Waqf Board has himself pasted a letter on notice Board of the Board as “Adhisoochna” but the said Adhisoochna has not been published in any official Gazette as required under the aforesaid Act nor the Ministry of Wakf Board has yet approved the said action. In this view of the matter the petitioner filed Misc. Case No. 30 of 2007 on 17.9.2007 challenging the orders dated 3.9.2007 and 12.9.2007 under Section 83 of the Act before the Wakf Tribunal. It is stated that the respondents filed an application 34-C for rejecting the Plaint under Order VII, Rule 11, C.P.C., which has been decided vide order dated 14.1.2008. Against the said order dated 14.1.2008 the petitioner filed a Civil Revision No. 42 of 2008 in which an interim order has been passed on 31.1.2008. The said order has been extended from time to time and is still in operation and the Revision is still pending. 3. It is further stated that in the meantime the respondents No. 1 to 3 had filed Wakf Case No. 20 of 2008 before the Wakf Tribunal/Civil Judge (Senior Division), Muzaffar Nagar without giving any notice to the Wakf Board as required by Section 90 of the Act. It is stated that an application 5-C has also been filed in the said case under Order 39 Rule 1 and 2, C.P.C. The petitioner has submitted an application dated 24.5.2008 before the Wakf Board for extension of his term. It is stated that without passing any order on the aforesaid application dated 24.5.2008, an order dated 18.7.2008 has been passed by the Wakf Board. A true copy of the said order dated 18.7.2008 is on record as Annexure-11 of the writ petition. It is stated that without passing any order on the aforesaid application dated 24.5.2008, an order dated 18.7.2008 has been passed by the Wakf Board. A true copy of the said order dated 18.7.2008 is on record as Annexure-11 of the writ petition. It is stated that impugned order dated 26.8.2002 passed by tribunal is based on order dated 18.7.2008 passed by the Board, whereby an ex-parte interim injunction has been granted in favour of respondents against the petitioner, hence this petition. A true copy of the impugned order dated 26.8.2008 is on record as Annexure-12 of the writ petition. 4. Heard Sri M.A. Qadeer, learned Senior Advocate assisted by Sri Shamim Ahmad for the petitioner and Sri W.H. Khan, learned Senior Counsel assisted by Sri T.A. Khan for the respondents. 5. Sri M.A. Qadeer, learned Senior Counsel for the petitioner has submitted that since Case No. 20 of 2008 filed by respondents No. 1 and 3 before tribunal is not against any order passed under the Wakf Act 1995 (hereinafter referred to as the Act), therefore, aforesaid case is not maintainable under Section 83(2) of the Act, accordingly no interim order dated 26.8.2008 could be passed by the Tribunal, as such impugned order dated 26.8.2008 is wholly without jurisdiction and cannot be sustained. 6. Contrary to it, Sri W.H. Khan, learned Senior Counsel appearing for the respondents has submitted that the Tribunals constituted under Section 83(1) of the new Act 1995 have ample power to determine any dispute, question or other matter relating to a Wakf or Wakf property and shall be deemed to be a civil Court and shall have the same powers as may be exercised by civil Court under the Code of Civil Procedure, while trying a suit or executing a decree or order. Not only this but Section 85 of the Act bars the jurisdiction of civil Court in respect of any dispute, question or matter relating to any Wakf, Wakf property or other matter which is required by or under this Act to be determined by Tribunal. Therefore, the impugned order passed by the Tribunal can neither be said to be without jurisdiction nor can be otherwise faulted with. Therefore, the impugned order passed by the Tribunal can neither be said to be without jurisdiction nor can be otherwise faulted with. In support of his submission learned counsel for the respondents has also placed reliance upon a Division Bench decision of this Court rendered in Najma Khatoon v. U.P. Sunni Central Board of Wakf and others, 2003 (21) LCD 266, wherein it has been held that Tribunal can adjudicate any dispute, question or other matter relating to Wakf or Wakf property under the Act and another Division Bench of this Court in Wakf Dargah Shah Mohd. and others v. U.P. Sunni Central Board of Wakf Lucknow and others, 2003(52) ALR 571, has held that the Wakf Tribunal has jurisdiction to entertain the case, even if no order is passed under the Wakf Act 1995. As the scope of Section 83 is very wide, the Court has held that the Wakf Tribunal has power to grant interim order also. Similar view has also been taken by Uttaranchal High Court in Amanullah Khan v. State of Uttaranchal and others, AIR 2005 NOC 178 (Uttr.). 7. In view of rival submission of learned counsel for the parties, the main questions which arise for consideration are that whether the case No. 20 of 2008 filed by the respondents No. 1 to 3 before the Tribunal is maintainable or not and whether the Wakf Tribunal could grant temporary injunction or not? In this connection, the submission of learned counsel for the petitioner is that since the case No. 20 of 2008 filed by respondents No. 1 to 3 itself is not maintainable before the Tribunal, therefore, no temporary injunction could be granted by the Tribunal on the application moved by the respondents in the aforesaid case. 8. In order to answer the aforesaid questions, it is necessary to examine the nature of dispute raised in the aforesaid case. 8. In order to answer the aforesaid questions, it is necessary to examine the nature of dispute raised in the aforesaid case. A bare perusal of Annexure-8 of the writ petition, which is copy of the application filed by the respondents No. 1 to 3 before the Tribunal on 26.8.2008, registered as Case No. 20 of 2008, it reveals that respondents No. 1 to 3 have filed the aforesaid case with the allegation that despite a committee headed by respondent No. 3 was appointed by the Board on 18.7.2008 and in pursuant thereto they have taken over the charge of Management of Wakf in question but the petitioner is still creating hindrance in the management of Wakf and Wakf property and sought relief for permanent injunction against the petitioner. In the said application which is in the shape or form of a plaint in a suit, the respondents No. 1 to 3 have also moved application under Order 39 Rule 1 and Rule 2 read with Section 151 for temporary injunction on 26.8.2008. Thereupon, the Tribunal has granted ex-parte temporary injunction on the same day, which is under challenge through this petition. 9. Now in order to appreciate the controversy, it would be useful to extract the provisions of Section 83 and 85 of the Act as under : “83. Constitution of Tribunals, etc.—(1) The State Government shall, by notification in the official Gazette, constitute as many Tribunals as it may think fit, 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. (2) Any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf. (3) Where any application made under sub-section (1) relates to any wakf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the wakf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter : Provided that the State Government may, if it is of opinion that it is expedient in the interest of the wakf or any other person interested in the wakf or the wakf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such wakf or wakf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interests of justice to deal with the application afresh. (4) Every Tribunal shall consist of one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, and the appointment of every such person may be made either by name or by designation. (5) The Tribunal 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, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (6) Notwithstanding anything contained in the Code of Civil Procedure 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil Court. (6) Notwithstanding anything contained in the Code of Civil Procedure 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil Court. (8) The execution of any decision of the Tribunal shall be made by the civil Court to which such decision is set for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal : Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. 85. Bar of jurisdiction of civil Courts.—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.” 10. 85. Bar of jurisdiction of civil Courts.—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.” 10. From a joint reading of the provisions of sub-section (1) and (5) of Section 83 and Section 85 of the Act, it is clear that Wakf Tribunals constituted by State Government are empowered to determine any dispute, question or other matters relating to a Wakf or Wakf property under this Act within their local limits as defined under the notifications constituting such Tribunal and they shall be deemed to be 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 and further by virtue of the provisions of Section 85 of the Act, the jurisdiction of civil Court is barred for entertaining or trying any suit or other legal proceedings 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. It implies that civil Court shall have no jurisdiction to entertain and try any suit or other legal proceeding in respect of which Wakf Tribunal has such jurisdiction. 11. From a plain reading of the provisions of sub-section (2) of Section 83 of the Act it is clear that any mutawalli or person interested in a Wakf or any other person aggrieved by an order under this Act, or Rules made thereunder, may make an application within time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matters relating to the Wakf. It implies that any mutawalli or person interested in a Wakf may make an application to the Tribunal within time specified in this Act or where no such time has been specified, within such time as may be prescribed for determination of any dispute, question or other matter relating to the Wakf. It implies that any mutawalli or person interested in a Wakf may make an application to the Tribunal within time specified in this Act or where no such time has been specified, within such time as may be prescribed for determination of any dispute, question or other matter relating to the Wakf. Such an application can also be made by any other person aggrieved by an order made under this Act or Rules made thereunder but in my opinion, such other person cannot make any such application to the Tribunal unless and until he is aggrieved by an order made under this Act or Rules framed thereunder but this condition is not precedent or prior condition for any Mutawalli or any person interested in a wakf to approach the Tribunal. 12. The language used under Section 83(2) of the Act also reveals that by using the expression “or” between the phrase “any mutawalli or person interested in a Wakf” and “any other person aggrieved by an order made under this Act or Rules made thereunder”, the legislature has intended to make distinction between aforesaid persons. The expressions “mutawalli or any person interested in a Wakf” and “any other person aggrieved by an order made under this Act or Rules made thereunder” in my opinion, connotes different meanings altogether and one cannot be confused with the another, therefore, it cannot be contended that mutawalli or any person interested in a Wakf cannot make an application for determination of dispute of the nature referred to in this Section before Tribunal unless they are aggrieved by an order made under this Act or Rules made thereunder and in my opinion, such condition is attracted only in case of persons other than Mutawalli or person interested in a wakf. Therefore, the provisions aforestated should not be interpreted to mean that mutawalli or any person interested in a Wakf can make such application before the Tribunal only where they are aggrieved by any order under this Act or Rules made thereunder. In my considered opinion, in case the Mutwalli or person interested in Wakf is prevented from approaching the Wakf Tribunal until and unless they are aggrieved by an order made under this Act or Rules framed thereunder, in that event of the matter various mischiefs are bound to happen and object of the Act would be defeated. In my considered opinion, in case the Mutwalli or person interested in Wakf is prevented from approaching the Wakf Tribunal until and unless they are aggrieved by an order made under this Act or Rules framed thereunder, in that event of the matter various mischiefs are bound to happen and object of the Act would be defeated. However, any other person, who is neither mutawalli nor person interested in a Wakf can make such application to the Tribunal for determination of any dispute, question or other matter relating to the Wakf only where such other person is aggrieved by an order made under this Act or rules made thereunder and not otherwise. Accordingly in order to ascertain the locus of a person to approach Wakf Tribunal, the Court/Tribunal has to enquire into the matter in the manner indicated herein before and not otherwise. 13. The expression ‘other matter relating to a wakf or wakf property’ is very comprehensive and is of wide amplitude which may embrace in its sweep any matter relating to the management of wakf and wakf property, therefore, the appointment of Mutawalli or Committee for management of the wakf and wakf property, in my considered opinion, would fall within the ambit of expression ‘other matter relating to a wakf or wakf property’ and can be decided by the Wakf Tribunals. This view also finds support from the decisions of this Court rendered in Najma Khatoon v. U.P. Sunni Central Board of Wakf and others, 2003 (21) LCD 266, wherein it has been held that Tribunal can adjudicate any dispute, question or other matter relating to Wakf or Wakf property under the Act and another Division Bench of this Court in Wakf Dargah Shah Mohd. and others v. U.P. Sunni Central Board of Wakf Lucknow and others, 2003(52) ALR 571, has held that the Wakf Tribunal has jurisdiction to entertain the case, even if no order is passed under the Wakf Act 1995, as the scope of Section 83 is very wide, the Court has held that the Wakf Tribunal has power to grant interim order also. Similar view has also been taken by Uttaranchal High Court in Amanullah Khan v. State of Uttaranchal and others, AIR 2005 NOC 178 (Uttr.). I am in full agreement with the view taken in the aforesaid cases. 14. Similar view has also been taken by Uttaranchal High Court in Amanullah Khan v. State of Uttaranchal and others, AIR 2005 NOC 178 (Uttr.). I am in full agreement with the view taken in the aforesaid cases. 14. In view of aforesaid discussion, in given facts and circumstances of the case I am of the considered opinion that application moved by the respondents before Wakf Tribunal registered as Wakf Case No. 20 of 2008 under Section 83 (2) is maintainable and accordingly Wakf Tribunal was fully competent to entertain the aforesaid case and application of respondents under Order 39 Rules 1 and 2 moved in the aforesaid case for ad-interim injunction during the pendency of the aforesaid case. In given facts and circumstances I do not find any illegality in the impugned order on merits also while granting temporary injunction in favour of respondents against the petitioner. 15. In this view of the matter, writ petition is without any merit and is accordingly dismissed as such. ————