1 / 3 2025:CGHC:29072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4375 of 2023 Mohammad Khan @ Daroga Goutia Son of Murtaja Khan, Aged About 80 Years Occupation Agri (Malgujar), As President, Khamhariya Masjid Jamaat, Khamhariya, R/o. Village Khamhariya (Luthara), Tahsil Seepat, District - Bilapsur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Ministry of Minority Affairs, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2 - Chairman Chhattisgarh State Waqf Board, Raipur, District - Raipur, Chhattisgarh. 3 - Chief Executive Officer, Chhattisgarh State Waqf Board, Raipur, District - Raipur, Chhattisgarh. 4 - Collector and Survey Commissioner, Waqf, Bilaspur, District - Bilaspur, Chhattisgarh. 5 - Sub Divisional Magistrate, Masturi, District - Bilaspur, Chhattisgarh. ... Respondents For Petitioner : Ms. Hamida Siddiqui, Advocate For State /State : Mr. Praveen Das, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/06/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.04 11:02:45 +0530 2 / 3 1. The instant petition has been filed for the following reliefs:- 10.01. That this Hon’ble court may kindly be pleased to quash/set aside the impugned order dated 02-06- 2023 (Annexure P1) and the respondent authority may kindly be directed to notify the petitioner as a mutawalli of the Waqf Property as per the Waqf Deed dated 24/04/1929. 10.02. That, this Hon’ble court may kindly be pleased to grant any other relief, as it may deem fit and appropriate. 2. Learned counsel for both the parties admitted the fact that as per Section 83 (2) of the Waqf Act, 1995 (hereinafter referred to as the Act, 1995) there is an alternative remedy available for making an application to the Tribunal for the determination of any dispute, question or other matter relating to the Waqf. 3. I have heard learned counsel for the parties and perused the provisions of Section 83 (2) of the Act, 1995, which reads as under:- 83. Constitution of Tribunals, etc.- (1) xxx xxx xxx (2) Any mutawalli or person interested in a waqf 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 waqf. 3 / 3 4. Since the present matter is related with the dispute of mutwalli, therefore, in view of the availability of the alternative remedy, the instant petition is dismissed. 5. However, the petitioner, if so advised, may file an application under Section 83 (2) of the Act, 1995. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu