D.K. DESHMUKH, J.

1. The subject matter of all these Petitions is the same namely challenge to the incorporation of Respondent No.2/ Maharashtra State Board of Wakfs and things connected therewith. Therefore, these petitions can be conveniently disposed of by a common order.

2. The Petitioners in Writ Petition No. 2906 of 2004 are Muslims belonging to Shia Fatemi Ismaili Tyebia Sect of Islam. They follow Shia Fatimid Ismaili Tayebi Schol of Muslim Law., which Shia School known as Fatimid Law. In short, they are Shia Muslim. Petitioners Nos. 1 to 3 are trusttes of “Sir Admji Peerbhoy Santorium” created by a Scheme settled by this court by its order dated 16-6-1931 in Suit No. 1560 of 1927. The said Trust is also registered as a Public Trust under the Bombay Public Trust Act. The Petitioners Nos. 4 & 5 are trustees of “Anjuman-i-Null Bazaaar Chhabdi Bazaar Niaz Hussein Charitable Trust, which is registered as a public Trust under the Bombay Public Trust Act.

3. The Petitioners in Writ Petition No.899 of 2011 are also Dawoodi Bhora Muslims and they are trustees of Rehmatbai widow of Noorbhoy Jeewanji Morishwalla Charity Trusts registered under the Bombay Public Trust Act.

4. The Petitioners in Writ Petition (L) No.357 of 2011 are Muslims belonging to Shia Fetemi Ismaili Tyebia sect. The Petitioners in this petition are trustees of Sir Adamji Peerbhoy Sanatorium, referred to above as also Anjuman-i- Null Bazzaar Chhabdi Bazaar Niaz Hussein Charitable Trust, referred to above.

5. InWrit Petition No.2906 of 2004 the Petitioners are challenging the Notification dated 4-1-2002 issued by the Government of Maharashtra. They are also seeking a directions to the Government of Maharashtra to conduct a fresh survey of Wakfs in the State of Maharashtra. They also challenge the notification dated 13-11-2003 issued by the Wakfs Board, whereby the list of Wakfs was published.

In Writ Petition No.899 of 2001, the Petitioners challenge the Circular dated 24-7-2002 issued by the Charity Commissioner of State of Maharashtra stating therein that in view of the provisions of Section 43 of the Wakf Act, the Wakfs which are registered as Public Trusts would cease to be governed by the provisions of the Public Trust Act. It is there case that because the incorporation of the Wakfs Board by Notification dated 4-1-2002 is itself invalid and because they are not Wakfs within the meaning of Wakfs Act, they continue to be governed by the provisions of the Bombay Public Trust Act.

The Petitioners in Writ Petition (L) No.357 of 2011 challenge the Notification dated 20th October, 2010 issued by the State of Maharashtra for resurvey of the Wakfs in the State of Maharashtra. They also claim a direction that the list of Wakfs dated 13-11-2003 and dated 30-12-2004 stand rectified as per the finding of the Five Members Committee. They also seek a direction to the Charity Commissioner that the Charity Commissioner should continue to supervise the working of the Trusts of which they are trustees.

6. The aforesaid reliefs are claimed by the Petitioners in these three petitions in following factual background:

The Parliament enacted the Wakf Act, 1995 (hereinafter referred to as “the Act”). The said Act came into force on 1st January, 1996. On 1st December, 1997 the State Government issued a Notification in exercise of its powers under subsection 1 of Section 4 of the Wakf Act. That Notification reads as under:

“In exercise of the powers conferred by sub-section (1) of section 4 of the Wakf Act, 1995 (43 of 1995), Government of Maharashtra hereby appoints,-

(a) Settlement Commissioner and Director of Land Records, Maharashtra State, Pune to be a Survey Commissioner of Wakfs; and

(b) Additional Commissioners of Konkan, Nashik, Pune, Nagpur, Amravati and Aurangabad Revenue Divisions to be a Additional Survey Commissioner, for the purpose of making a survey of Wakfs existing on the 1st day of January, 1996 in the State of Maharashtra.”

The Government of