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Learned Senior Counsel for the respondents Sri P. Veera Reddy contended that, when a remedy is available under the Wakf Act, the appellant cannot approach this Court invoking power of judicial review under Article 226 of the Constitution of India and placed reliance on the judgment of the Apex Court in Rajasthan Wakf Board v. Devaki Nandan Pathak9, wherein, the Apex Court held as follows:

"Section 51 of the Act provides that notwithstanding anything contained in the Wakf Deed, any gift, sale, exchange or mortgage of any immovable property, which is a Wakf property, shall be void unless it is effected with the prior sanction of the Board. Section 52 of the Act empowers the Board to approach the Collector of the District to obtain possession of such Wakf property, which is alienated in contravention of Section 51 or Section 56 of the Act. It also provides a right of appeal to the Tribunal against the order of the Collector passed under Section 52(2) of the Act. Section 54 of the Act provides that the Chief Executive Officer to approach the Tribunal to seek an order of eviction against any encroacher of the Wakf property."

In view of the law declared by the Apex Court, when a show cause notice is issued proposing to initiate proceedings to enquire into the allegations of Wakf Property notified under Section 5 of the Act is alienated, the petitioner can participate in such enquiry and if, any adverse order is passed, against the order, he may approach the (2017) 14 SCC 561 28 HACJ & MSM,J WA_1658_2017 Appellate Authority. But, instead of approaching proper authority, filed this writ appeal and such question cannot be decided by this Court. Hence, by applying the principle laid down in Rajasthan Wakf Board v. Devaki Nandan Pathak (referred supra), it is difficult to grant any relief in the present petition, since an effective remedy is available under special statute itself.

Undoubtedly, the appellant only questioned legality of the notice issued under Section 51 of the Wakf Act, which deals with recovery of wakf property alienated. The procedure is summary in nature and the appellant may file his explanation to the show cause notice and participate in the enquiry, raising all his contentions and if, the authority under Section 51 of the Wakf Act accepts the contention of this appellant, the appellant may succeed in his defence and in the event, the appellant failed to establish his case before the authority under Section 51 of the Wakf Act, he may prefer an appeal before the competent appellate authority as per the Act. In the 35 HACJ & MSM,J WA_1658_2017 absence of any illegality pointed out in issuing notice under Section 51 of the Act, this Court cannot declare the notice as illegal.