The committee concluded a specific dargah is a Wakf, not a Trust. With the petitioner raising no objection, the writ petition was disposed without further order as costs.
petition disposed; status quo granted for two weeks if petitioner approaches Wakf Board.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
WRIT PETITION NO.1316 OF 2006
Mohammed Husain A. Khandwani &Ors. Vs. State of Maharashtra & Ors.
...Petitioners.
...Respondents.
Mr.S. A. Khan for the Petitioners.
Mr.Nusrat Shah with Ms. Pervin D. Contractor, Mr. A.K. Gupta, Mr. Victor a. Almeida, Ms. Ema Almeida, Mr. Maqbool Ansari i/b. Ms. K.A. Sayed for Respondent No.2.
CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J.
August 27, 2007 .
P.C. :
The Committee appointed under the orders of this Court
dated 8th December 2006 filed its report dated 14th February 2007 in
this Court. In para 6 of the report, the Committee recorded its finding
as under :
“For the aforesaid reasons, the Committee has unanimously concluded that “Hazrat Gaiban Shah Peer Syed Amiruddin Malang Badshah Qadri Dargah” P.T.R. No.B-1468 (Mumbai) is a 'Wakf' and not a 'Trust'.”
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In the face of the finding to which there was no objection on
behalf of the Petitioner till date, it has to be concluded that the Petitioner is a 'Wakf' and not a 'Trust'.
Learned Counsel appearing for the Petitioners very fairly stated that they have no objection for approaching the Wakf Board for appropriate relief provided they act in accordance with law and initiate action under the terms and conditions of the provisions of the Act. Counsel appearing for the Respondents submits that they will consider the application in accordance with law after giving notice to the Petitioners.
In view of the statement made, nothing survives in the Petition. In the event the Petitioners approach the Wakf Board, they
will grant status quo for a period of two weeks from today.
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The Writ Petition is accordingly disposed of. No order as to
costs.
CHIEF JUSTICE
Dr.D.Y. CHANDRACHUD, J.
Mohammed Husain A. Khandwani & Ors.
State of Maharashtra
Swatanter Kumar
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
