Disposed

Allauddin Jilani Inamdar v. the State of Maharashtra and Others

Bombay HC16 Jun 2022PIL/39/2021

Case brief

AI extract

What is this about?

The Bombay High Court disposed of a PIL on a Wakf Act matter. The court noted the Supreme Court judgment in Rashid Wali Beg and allowed the petitioner to switch to the statutory remedy, granting liberty and refunding court fees.

What did the court decide?

Petitioner granted liberty to avail statutory remedy; court fees refunded; pending application disposed off.

Allauddin Jilani Inamdar Vs the State… — Constitutional and Fundamental Rights | Bombay HC (2022)

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pil39.21.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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PUBLIC INTEREST LITIGATION NO. 39 OF 2021

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Allauddin Jilani Inamdar Petitioner

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Versus

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The State of Maharashtra & others

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Respondents

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Mr. Ajinkya Kale, Advocate holding for Mr. Talekar & Associate, for the petitioner.

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Mr. D. R. Kale, GP for respondent No. 1. Mr. N. E. Deshmukh, Advocate for respondents No. 2 to 4. Mr. S. S. Kazi, Advocate holding for Mr. A. M. Inamdar, Advocate for intervenor.

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CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ. DATE : 16^th JUNE, 2022.

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PER COURT :

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Our attention is drawn to the judgment delivered by the Hon’ble Supreme Court in Rashid Wali Beg vs. Faid Pindari and others reported in 2021 SCC Online SC 1003 and more particularly, paragraph No. 46 of the judgment which reads as under :-

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In sum and substance, the Act makes a reference, to 3 types of remedies, namely that of a suit, application or appeal before the Tribunal, in respect of the following matters :-

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pil39.21.odt

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(i) Any question or dispute whether a property specifed as waqf property in the list of waqfs is a waqf property or not [Sections 6(1) & 7(1)];

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(ii) A question or dispute whether a waqf specifed in the list of waqfs is a Shia Waqf or Sunni Waqf [Sections 6(1) & 7(1)];

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(iii) challenge to the settlement of a scheme for management of the waqf or any direction issued in relation to such management [Section 32(3)];

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(iv) Challenge to a order for restitution/restoration of the property of the waqf or an order for payment tot he waqf of any amount misappropriated or fraudulently retained by the mutawalli [Section 33(4)];

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(v) Conditional attachment of the property of a mutawalli or any other person [Section 35(1)]; (vi) Challenge tot he removal or dismissal of an Executive Offcer or member of the staff [Section 38(7)]; (vii) Application by the Board, seeking an order for recovery of possession of a property earlier used for religious purpose but later ceased to be used as such [Section 39(3)];

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(viii) Challenge to a direction issued by the Board to any Trust or Society to get it registered [Section 40(4)];

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(ix) Challenge to an order for recovery of money from the mutawalli, as certifed by the Auditor [Section 48(2)];

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(x) Challenge to an order for delivery of possession of a property issued by the Collector [Section52(4)];

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(xi) Application by the Chief Executive Offcer for the removal of encroachment and for delivery of possession of a waqf property [Section 54(3)];

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(xii) Challenget ot he removal of mutawali from offce [Section 64(4)];

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(xiii) Challenge to an order superseding the Committee of Management [Section 67(4)];

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pil39.21.odt

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(xiv) Challenge to the removal of a member of the Committee of Management [Section 67(6)];

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(xv) Challenge to any scheme framed by the Board for the administration of waqf, containing a provision for the removal of the mutawalli and the appointment of the person next in hereditary succession [Section69(3)];

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(xvi) Challenge to an order for recovery of contribution payable by the waqf to the Board, from out of the monies lying in a bank [Section 73(3)]; (xvii) any dispute, question or other matter relating to a waqf [Section 83(1)];

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(xviii) any dispute, question or other matter relating to a waqf property [Section 83(1)]

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(xix) eviction of a tenant or determination of the rights and obligations of lessor and lessee of waqf property [Section 83(1) after its amendment under Act 27 of 2013)

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(xx) Whenever a mutawalli fails to perform an act or duty which he is liable to perform [Section 94].

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The learned Advocate for the petitioner submits that the petitioner would withdraw this petition and avail of a statutory remedy. The time spent by the petitioner in this Court from 14^th January, 2021 till the passing of this order, be considered as a ground for condonation of delay, if any.

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In view of the above, this petition is disposed off with liberty to the petitioner to avail of a remedy as is permissible in law. The time spent by the petitioner in this Court from 14^th January,

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pil39.21.odt

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2021 till the passing of this order would be considered as a good ground for condonation of delay. Needless to state, all the contentions of the litigating parties are kept open.

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Since the petitioner has deposited an amount of Rs.75,000/- in this Court under Rule 7(a)of the Bombay High Court Public Interest Litigation Rules, the said amount shall be returned/refunded to the petitioner without conditions.

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Pending Civil Application No. 12556/2021 is rendered infructuous and stands disposed off.

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( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE )

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Judge Judge

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dyb

Allauddin Jilani Inamdar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Allauddin Jilani Inamdar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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