IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MUKULIKA SHRIKANT JAWALKAR
Jama Masjid Trust Yavatmal – Appellant
Versus
Maharashtra State Board of Waqfs Chhatrapati Sambhajinagar – Respondent
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 Baord 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
The Chief Executive Officer of the Waqf Board lacks inherent power to review its own orders; disputes must be addressed by the Waqf Tribunal as per the Waqf Act, 1995.
The Chief Executive Officer of the Waqf Board lacks inherent power to review its own orders, and disputes must be addressed before the Waqf Tribunal as per the Waqf Act, 1995.
The Waqf Board has the authority to review its resolutions, and the sale of Waqf property must adhere to statutory procedures to protect Waqf interests.
The main legal point established in the judgment is the replacement of the Scheme Court by the Waqf Board as per Section 32 of the Waqf Act, 1995, and the requirement for the Official Trustee to comp....
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
The Waqf Board has the authority to remove a Mutawalli under the Waqf Act and appoint an Executive Officer in the interest of the Waqf, affirming the integrity of procedural statutory provisions.
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The court reaffirmed the necessity for the Waqf Board to address complaints swiftly regarding trustees and upheld the process for appeal against removals, ensuring adherence to statutory provisions.
The Chief Executive Officer of the Wakf lacks inherent power to review decisions; such unauthorized orders are nullities.
The Waqf Board has the power of superintendence over the working of the Scheme and the authority to administer the Scheme, including the power to appoint and remove from the Office of Kalifa.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.