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M/S Radha Krishan Industries vs The State Of Himachal Pradesh on 20 April, 2021

12. If the petitioner is aggrieved by Ext.P4 order, the petitioner has alternate remedy of appeal under the Waqf Act, 1995. When the petitioner has alternate remedy, he cannot approach this Court under Article 226 of the Constitution of India. The judgment of the Hon'ble Apex Court in Radha Krishnan Industries v. State of Himachal Pradesh and others [(2021) 6 SCC 771] relating to alternate remedy will not apply to the facts of this case. There is prima facie evidence in this case to show that the Sangham was treated as dealing with Waqf property at least since 2016. Having convinced of a prima facie case, the Waqf Board has entertained the OP filed by respondents 2 and 3. I find no illegality in the proceedings before the Waqf Board.
Supreme Court of India Cites 58 - Cited by 296 - D Y Chandrachud - Full Document
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