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2025 Supreme(Bom) 641

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
SMT. M.S. JAWALKAR, J
Jama Masjid Trust – Appellant
Versus
Maharashtra State Board Of Waqfs – Respondent


Advocates Appeared:
Mr. Masood Shareef, Advocate for the Petitioners.
Mr. Abdul Subhan, Advocate for Respondent No.2.
Mr. G. D. Shaikh, Advocate h/f. Mr. D. B. Walthare,
Advocate for the Respondent Nos.3 to 13.

JUDGMENT :

1. RULE. Rule made returnable forthwith.

2. Heard finally with the consent of the learned counsel appearing for the parties.

3. Being aggrieved by the order dated 26.03.2024 passed by Chief Executive Officer, Maharashtra State Board of Waqfs, Sambhajinagar/Respondent no.2 and impugned Resolution No.36, dated 06.03.2024, passed by Respondent No.1/Maharashtra State Board of Waqfs, Chhatrapati Sambhajinagar. The Respondent No.2 had also directed rehearing of the matter by the Maharashtra State Waqf Board.

4. Petitioners are managing the affairs of the Waqf Institution i.e. the Jama Masjid, Tanga Chowk, Yavatmal, it is institution which was initially registered under the Bombay Public Trust Act, 1950 with the Charity Commissioner office vide registration No. B-28. After coming into force the Waqf Act, 1995, the same is registered with the Waqf Board vide registration No. M.S.B.W./YTM/124/2013 on 28/01/2013 under Section 43 of the Waqf Act, 1995.

5. Previous Trustees/Mutawallis of the said Waqf Institution have expired. After the death of all the Trustees/Mutawalis of the Waqf, the present Petitioners were managing the affairs of the Waqf. The Petitioners were rendering regular se

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