The main legal point established in the judgment is the need to differentiate between Trusts and Wakfs, clarify the jurisdiction of the Charity Commissioner over Wakf properties, and maintain the status quo in the management of Wakf properties during legal proceedings.

ORDER

Altamas Kabir, J. - These several Special Leave Petitions have been filed by the State of Maharashtra & other parties. While SLP (C) Nos. 31288-31290, SLP (C) Nos. 32129-32131 & SLP (C) No. 32636, all of 2011, have been fled by the Maharashtra State Board of Wakfs, SLP (C) Nos. 35196 & 35198 of 2011 have been filed by the Jamait Educational & Welfare Muslim Minority Education Society & Maharashtra Muslim Lawyers' Forum. The Special Leave Petitions are directed against the Judgment & final Order Dated 21.9.2011, passed by the Bombay High Court in Writ Petition No. 2906 of 2004, Writ Petition No. 357 of 2011 & Writ Petition (L) No. 899 of 2011. The impugned Judgment of the High Court in the aforesaid Writ Petitions is the outcome of the challenge to the formation of the Maharashtra State Board of Wakfs. As noticed by the High Court, the subject matter of all the Writ Petitions, & thereby of the Special Leave Petitions, relates to the challenge to the incorporation of the Maharashtra State Board of Wakfs & its impact upon the Wakfs created by persons professing Islam, but belonging to different sects.

2. The Petitioners in Writ Petition No. 2906 of 2004 are Muslims belonging to the Shia Fatemi Ismaili Tyebia Sect of Islam & are Shia Muslims. The Petitioner Nos. 1 to 3 in the said Writ Petition are trustees of "Sir Adamji Peerbhoy Sanatorium" established by a Scheme settled by the Bombay High Court by an Order Dated 16.6.1931 in Suit No. 1560 of 1927. The said Trust is registered as a Public Trust under the Bombay Public Trusts Act. The Petitioner Nos. 4 & 5 are trustees of the "Anjuman-i-Null-Bazaar Chhabdi Bazar Niaz Hussein Charitable Trust", which is also registered as a Public Trust under the Bombay Trusts Act. The Petitioners in Writ Petition No. 899 of 2011 are Dawoodi Bohra Muslims & claim to be Trustees of Noorbhoy Jeewanji Morishwalla Charity Trusts registered under the Bombay Public Trusts Act. The Petitioners in Writ Petition (L) No. 357 of 2011 are Muslims belonging to the Shia Fatemi Ismaili Tyebia sect & are also trustees of Sir Adamji Peerbhoy Sanatorium, referred to hereinabove. The Petitioner in SLP (C) No. 35196 of 2011 is a society registered under the Societies Registration Act, 1860. All the members of the Trust profess Islam & are persons interested in the affairs of the Wakf set in question by virtue of the provisions of Section 3(k) of the Wakf Act, 1995. Similarly, the Petitioners in SLP(C) No. 35198 of 2011 are a group of Muslim lawyers who have formed a Forum & are also persons interested in the management of Wakf properties in terms of Section 3(k) of the Wakf Act, 1995.

3. The grievance of the Writ Petitioners in these five Writ Petitions is the same. The Petitioners in Writ Petition No. 2906 of 2004 have challenged the notification dated 4.1.2002, issued by the Government of Maharashtra & have also sought for a direction to the State Government to conduct a fresh survey of Wakfs in the State of Maharashtra. Their further challenge is to notification dated 13.11.2003, issued by the Maharashtra State Board of Wakfs publishing the list of Wakfs in the State of Maharashtra.

4. In Writ Petition No. 899 of 2001, the Petitioners have challenged the Circular dated 24.7.2002, issued by the Charity Commissioner of the State of Maharashtra stating therein that in view of the provisions of Section 43 of the Wakf Act, 1995, the Wakfs which were registered as Public Trusts would cease to be governed by the provisions of the Public Trust Act. It is the case of the Writ Petitioners that because the establishment of the Maharashtra State Board of Wakfs by the notification dated 4.1.2002, was itself invalid, they continued to be governed by the provisions of the Bombay Public Trusts Act.

5. The Petitioners in Writ Petition No. 357 of 2011, have challenged the notification issued by the State of Maharashtra on 20.10.2010, for re-survey of the Wakfs in the State of Maharashtra. They also sought a direction that the Cha