Alternate remedy cannot exclude jurisdiction of High Court under Constitutuion

Maharashtra State Board of Wakfs Vs Shaikh Yusuf Bhai Chawla (Supreme Court of India)

Supreme Court held that the existence of an alternate remedy by itself cannot exclude the jurisdiction of the High Court under the Constitution.

Facts-

The contention raised by the Board is that under the Act there is a remedy provided namely, a right to a person aggrieved to approach the Tribunal. The Tribunal is well equipped to deal with vexed issues related to Wakf. It is a Tribunal specially constituted for the said purpose. No prejudice is caused by the mere publication of the list. Even dehors the publication of the list, the Wakfs are otherwise covered.

Conclusion-

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