Ram Kumar Gupta Vs. Shia Central Board of Waqfs, U.P and Others</B>

trusts and societies - writ - section 83 of wakf act, 1995 and article 226 of constitution of india - writ filed - remedy available before tribunal - but tribunal not constituted although 3 years have espied service paring of the act - petitioner directed to approach the tribunal as soon as it is constituted - state government to constitute tribunal whether three months. - m. katju and s.l. saraf, jj.1. heard sri dhruva narayana for petitioner and learned standing counsel and shri haider husain for respondents.2. in our opinion, the petitioner has an alternative remedy to approach the tribunal constituted under section 83 of the wakf act, 1995.3. learned counsel for petitioner states that the tribunalhad not yet been constituted although three years have expired since the passing of the act. hence we direct the state government to constitute the tribunal under section 83 within three months from today positively. the petitioner may approach the tribunal as soon as it is constituted and his application under section 83(2) will be decided within three months thereafter in accordance with law after hearing the parties concerned. till the disposal of the application, status quo regarding the property in dispute shall be maintained.4. petition is disposed offinally.