The main legal point established is the interpretation and application of Section 83 of the Wakf Act, 1995 in the context of establishing a Wakf Tribunal and providing infrastructure for its effective functioning.

A.S. Oka, J.

1. Heard the learned counsel appearing for the Petitioners and the learned Government Pleader for the Respondents. This Petition on final hearing board was adjourned till today for further hearing. There are three prayers in this PIL. The first prayer is as regards show cause notice, a copy of which is annexed at Exhibit-A. The said show cause notice records that in view of the provisions of the Wakf Act, 1995 (for short "the said Act of 1995") the entire record and proceedings of Wakfs under the Bombay Public Trusts Act, 1950 will have to be transferred to the Maharashtra State Board of Wakf (for short "the Board") established under the said Act of 1995. Therefore, a show cause notice was issued to a trust of which the Petitioners are claiming to be the Trustees to show cause as to why the records of their Trust should not be transferred to the Board. It is stated that such notices have been issued to several Wakfs Registrars under the Bombay Public Trusts Act, 1950. As far as this issue of transfer is concerned, it is sub judice before the Apex Court. Hence, we are not dealing with the said prayer.

2. Prayer (c) in this Petition is for directing the Superintendent, Public Trust Registration Office to hold an inquiry into the nature and establishment of Public Trusts created by the Muslims as per Bombay Public Trusts Act, 1950 and the Wakfs created as per the Muslim Personal Law. Even this issue cannot be gone into in the light of pending proceedings before the Apex Court.

3. What survives for consideration is the prayer clause (b), which reads thus:

"(b) That, this Hon'ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, directing the Respondent No. 3 to constitute Wakf Tribunal for the determination of dispute questions or other matters relating a Wakf of wakf property under the Acts and define the local limits and jurisdiction under this Act or each of such Tribunals as per the necessity and requirement of each and every district of Maharashtra."

4. On this aspect, we may note that an order dated 20th February, 2015 was passed by this Court wherein a suggestion was incorporated to give powers of the Tribunal constituted in accordance with Sub-section (1) of Section 83 of the said Act of 1995 to the District Judges. At that stage, the amendment made to Sub-Section (4) of Section 83 of the said Act of 1995 by Act No. 27 of 2013 was not brought to the notice of this Court.

5. Section 83 of the said Act of 1995 reads thus:

"83. Constitution of Tribunals, etc. -

(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals;

(2) Any mutawalli, person interested in a Waqf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the Waqf.

(3) Where any application made under sub-section (1) relates to any Waqf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction of the mutawalli or any one of the mutawallis of the Waqf actually and voluntarily resides, carries on business or personally works for gain, and where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application