ORDER : Siddhartha Chattopadhyay, J. Learned Counsel appearing on behalf of the petitioner has filed affidavit of service which is taken on record. In spite of receiving the notice none appears on behalf of the opposite parties. 2. Heard the Learned Counsel appearing on behalf of the petitioners. According to him a suit has been filed bearing No. O.C. Suit No. 8 of 2013 before the Learned Civil Judge, Senior Division, Darjeeling wherein the plaintiff of that suit had prayed for a decree of declaration that the plaintiff is a lease-holder in possession of the suit property under the proforma defendant being the Darjeeling Municipality and that the defendant Nos. 1 to 3 are illegally trying to dispossess the plaintiff from the suit property. With this prayer the plaintiff was presented before the Learned Court below. 3. After appearing in that suit the Chief Executive Officer, Board of Wakf representing (Defendant Nos. 5 and 6 being the authorities of the Board of Wakf West Bengal) has filed an application under Orders 7 Rule 10 of the C.P.C. read with Section 151 of C.P.C. praying for return of plaint on the ground that in terms of Wakf Act 1995, the Civil Court has no jurisdiction to entertain such application. 4. Learned Civil Judge, Senior Division after hearing both sides had come to conclusion "so, considering all the facts and circumstances, I am of this view that the subject matter of this suit as it appears from the plaint averments, is not related with the management of the Wakf property or any dispute relating to Wakf property, rather it is instituted for a decree of declaration that the suit property is not a Wakf property and hence I think that if the prayer the defendant/petitioner is allowed invoking the Section 83 and 85 Wakf Act, it would simply pre-judge the suit against the plaintiff/opposite party." 5. Being aggrieved and dissatisfied with said impugned order the revisionist has come before this forum on the ground that the Learned Court below failed to construe the provision of Wakf Act in its proper perspective. According to him when a dispute has been raised regarding any property relating to Wakf in that case it should be decided by the Wakf tribunal itself and there is no jurisdiction of Civil Court to entertain such application. According to him when a dispute has been raised regarding any property relating to Wakf in that case it should be decided by the Wakf tribunal itself and there is no jurisdiction of Civil Court to entertain such application. At the time of hearing, Learned Counsel agitated that the Learned Court below failed to construe Section 83(1) of the Wakf Act and Section 84 of the said Act. In the interest of effective adjudication and at the same time for academic discussion I want to quote the aforesaid Section 83(1) of the Wakf Act, 1995 which is as under. Section "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 or such Tribunals." Section 84 of the Act states, "84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision - Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a Wakf or Wakf property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable on the conclusion of the hearing of such matter give its decision in the writing and furnish a copy of such decision to each of the parties to the dispute." 6. On a plain reading of the aforesaid sections go to suggest that it is the only the Wakf Tribunal who can decide all disputes, questions or other matters relating to a Wakf or Wakf property. In the instant suit, the suit property belongs to Wakf and the said property was given to Darjeeling Municipality who in turn had given the lease to the petitioner. Section 83 and 84 of the said Act speak for the determination of any dispute, question, or other matters relating to Wakf or Wakf property go to suggest that it is immaterial if the property belongs to Wakf or not. But if the dispute is relating to a Wakf or Wakf property then the entire jurisdiction will vest upon the Wakf Tribunal and Civil Court has nothing to do. 7. But if the dispute is relating to a Wakf or Wakf property then the entire jurisdiction will vest upon the Wakf Tribunal and Civil Court has nothing to do. 7. Learned Counsel appearing on behalf of the petitioner has filed Xerox copies of the register of Wakfs wherefrom it is seen that the said property is included in the Wakf register. The word 'Wakf' has been defined in Section 3(r) of the Wakf Act 1995 and hence once the property is found to be Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal and Civil Court has no jurisdiction. 8. It is well-settled that when there is a special remedy provided in a special statute then recourse cannot be taken to the general law (the Justice G.P. Singh's principles of statutory of interpretation 9th Edition 2004 Page 133-134). Therefore I am of the opinion that since the matter falls within the ambit of Wakf Act, only the Wakf Tribunal has jurisdiction to dispose of the dispute. In the first instance, I like to clarify that under the proviso to Section 83 (9) of the Wakf Act 1995 a party aggrieved by the decision of the Tribunal can approach the High Court which can call for the records for satisfying itself as to the correctness legality of the propriety of the decision of the Wakf Tribunal. Therefore, in my considered view, that the Learned Court below has committed a serious mistake and thereby caused miscarriage of justice. 9. Accordingly the impugned order dated 24.10.2013 is hereby set aside. The Learned Court below shall return the plaint accordingly to the plaintiff/opposite party with a direction to file the same before the appropriate forum. In the result, the revisional application is allowed. 10. There shall be no order as to costs. 11. Learned Counsel appearing on behalf of the petitioner is hereby directed to send a copy of this order to the above mentioned parties within a fortnight. 12. Urgent certified photocopy of this Judgment and order, if applied for, be supplied to the parties upon compliance with all requisite formalities. Petition allowed.