Petition styled under Article 226 will not Bar the High Court to exercise its jurisdiction under Article 227: SC

In a recent case, the Supreme Court has observed that a petition styled as one under Article 226 will not bar the High Court from exercising its jurisdiction, which would otherwise be filed under Article 227.

Background:

In the instant case, the appellant contended that Wakf Tribunal’s order could not be challenged through a writ under 226 in the High Court as only a Revision under sub-section (9) of Section 83 of Wakf Act could be filed.

Observation and Decision of the Bench

A three-judge Bench comprising Hon’ble Justice Ashok Bhushan, Hon’ble Justice Abdul Nazeer and Hon’ble Justice Hemant Gupta noted that Section 83(9) of the Act gives power to the High Court to call and examine records related to any disputes, question or matter that the Tribunal for the purpose has determined to satisfy itself about the correctness, legality and the proprietary of such determination.

According to the Bench, the nomenclature of the petition title, which is filed before the High Court, was immaterial.

In the instant case, the Hon’ble High Court held that tenant of the premises in question represented a joint Hindu family, and its Karta was not competent enough to surrender the tenancy rights to Bihar State Sunni Wakf Board, and therefore induction of appellant as a tenant by Wakf Board was illegal.

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According to the Bench, mere rent payment by a grandfather or great grandfather of the plaintiff raises no presumption that it was family business.

The Bench allowed the Appeal that the document in question was valid and accepted by the Wakf Board.

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