Shakir M. Ebrahim vs the State of Maharashtra — Writ and Judicial Review | Bombay HC (2025)

Shakir M. Ebrahim vs the State of Maharashtra — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: (i) Maharashtra State Waqf Tribunal, Aurangabad to take up and decide Waqf Application (L) No. 417 of 2022 with the delay condonation application expeditiously, within three months; (ii) Petitioners permitted, without prejudice, to file accounts with the Charity Commissioner for Financial Year 2024-2025 (e-filing and manual); (iii) all contentions kept open. No restraint on transfer of the PTR was imposed in the operative order.

Issue for consideration

Whether Respondent Nos. 1 and 2 should be directed to produce the proceedings of the survey conducted under Section 4 of the Waqf Act, 1995 relating to Currimbhai Lalji Sajun Sanitorium Trust (PTR No. B-908 (BOM)), on the basis of which the impugned entry was made. +2 more

Ratio / Principle

The Waqf Application (L) No. 417 of 2022 filed under Section 7 of the Waqf Act, 1995, together with the delay condonation application, is to be taken up and decided as expeditiously as possible and in any event within three months, with all contentions of the parties in that regard expressly kept open.

Key takeaways

Without prejudice to the rights and contentions of the parties, the Petitioners are permitted to file their accounts with the Charity Commissioner for the current Financial Year 2024-2025, through e-filing and also manually as a matter of abundant precaution.ratio¶45
All contentions of the parties are expressly kept open; the Court renders no finding on the merits of the Petitioners' grievances regarding the impugned entry or the proposed transfer of the PTR.ratio¶46

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 1124 of 2024, decided 3 April 2025 by Revati Mohite Dere & Dr. Neela Gokhale, JJ. Petitioners (Shakir M. Ebrahim & Ors.), contending that Currimbhai Lalji Sajun Sanitorium Trust (PTR No. B-908 (BOM)) continues to be a trust registered under the Maharashtra Public Trusts Act, 1950, sought (a) production of the survey proceedings under Section 4, Waqf Act, 1995 on which the impugned entry rests; (b) a mandamus restraining the Charity Commissioner (Respondent No. 2) from transferring the Trust's PTR to the Waqf Board (Respondent No. 3); and (c) a quo warranto against Respondent No. 3, pending decision of Waqf Application (L) No. 417 of 2022 (under Section 7, Waqf Act, 1995) and a delay condonation application before the Maharashtra State Waqf Tribunal, Aurangabad. The Division Bench disposed of the petition without deciding the merits: the Tribunal was directed to decide the Waqf Application and delay condonation application expeditiously and in any event within three months; the Petitioners were permitted, without prejudice, to file their accounts with the Charity Commissioner for FY 2024-2025 (by e-filing and manually); and all contentions of the parties were expressly kept open.

2025:BHC-OS:5865-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.1124 OF 2024

Shakir M. Ebrahim & Ors. …..Petitioners Vs.

The State of Maharashtra & Ors. …..Respondents

Mr. Sagheer A. Khan with Mr. Sharique Nachan, Mr. Dawood Khan, Ms. Afsha Khan, Mr. Aqil S. Khan, i/b. Judicare Law Associates, Advocate for the Petitioners.

Smt. Uma Palsuledesai, AGP, for the Respondent Nos.1 & 2-State. Mr. Abdul Hafeez Yakub Kotwala, Advocate for the Respondent No.3.

CORAM : REVATI MOHITE DERE &

DR. NEELA GOKHALE, JJ. DATE : 3^rd APRIL 2025.

P.C.:-

This Petition under Article 226 of the Constitution of

India is filed praying for the following substantive reliefs:

“(a) This Hon'ble Court be pleased to direct the Respondent No. 1 and/or Respondent No 2 to produce the proceeding of the survey conducted under Section 4 of the Waqf Act, 1995 relating to Currimbhai Lalji Sajun Sanitorium Trust bearing PTR No. B-908 (BOM), on the basis of which the impugned entry is made;

(b) This Hon'ble Court be pleased to issue a writ of

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mandamus or any other writ in the nature of mandamus or any other appropriate writ, order, direction under Article 226 of the Constitution of India, directing the Respondent No. 2 not to transfer Currimbhai Lalji Sajun Sanitorium Trust bearing PTR No. B-908 (BOM) to the Respondent No. 3 and continue to exercise supervisory jurisdiction over the same in accordance with law, till the said Waqf Applications (Exhibit "C" hereto) pending before the Maharashtra State Waqf Tribunal at Aurangabad are finally heard and decided, in accordance with law;

(c) That this Hon'ble Court be pleased to issue a writ of Quo Warranto or any other writ in the nature of Quo Warranto or any other appropriate writ, order, direction under Article 226 of the Constitution of India directing the Respondent No. 3 by itself, by its agent or officer to forbear from usurping supervisory jurisdiction over Currimbhai Lalji Sajun Sanitorium Trust bearing PTR No B-908 (BOM), till the said Waqf Applications (Exhibit "C" hereto), pending before the Maharashtra State Waqf Tribunal at Aurangabad are finally heard and decided, in accordance with law;

(d) In the event the Public Trust Register of Currimbhai Lalji Sajun Sanitorium Trust bearing PTR No. B-908 (BOM), is transferred to the Respondent No 3 by the Respondent No. 2 this Hon'ble Court be pleased to direct the Respondent No. 3 to return the PTR of the said Trust to the Respondent No. 2 with the direction to continue to

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supervise over the said Trust in accordance with law till the said Waqf Applications (Exhibit "C" hereto) are heard and finally decided;

(e) That pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to restrain the Respondent No 2, the Charity Commissioner from transferring Currimbhai Lalji Sajun Sanitorium Trust bearing PTR No. B-908 (BOM), to the Waqf Board, the Respondent No. 3 and continue to supervise over in accordance with law;

(f) In the event the said Trust is transferred, pending the hearing and final disposal of the Petition, this Hon'ble Court be pleased to direct the Respondent No. 3 to return the Public Trust Register (PTR) to be supervised over by the Respondent No. 2 under the provisions of MPT Act, 1950;

(g) Interim and Ad-interim relief in terms of prayer clause (e) and (f);

(h) Costs;

(i) For such further and other reliefs as the nature and circumstances of the case may require;”

At the outset, learned Counsel for the Petitioners has fairly

stated that the Waqf Application (L) No. 417 of 2022 filed u/s. 7 of the Waqf Act, 1995, by the Petitioners along with delay condonation

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application, are pending consideration before the Maharashtra State Waqf Tribunal at Aurangabad. It is his contention that admittedly the Petitioners are filing its accounts with the Charity Commissioner as, according to the Petitioners, the position of the Petitioners is that it continues to be a trust as registered under the Maharashtra Public Trusts Act, 1950. The Petitioners are now desirous of filing its accounts, as they were doing in the past till the last financial year, with the Charity Commissioner.

Considering the complexion of the Petitioners’ grievance and, more particularly, considering the fact that the Petitioners’ Application is pending before the Maharashtra State Waqf Tribunal at Aurangabad, it would be in the interest of justice that the Petition is disposed off by the following order:

ORDER

(i) Waqf Application (L) No. 417 of 2022 filed u/s. 7 of the Waqf Act, 1995, by the Petitioners along with delay condonation application, be taken up and decided as expeditiously as possible and in any event within a period of

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three months from today. All contentions of the parties in that regard are expressly kept open.

(ii) As the Petitioners were filing the accounts with the Charity Commissioner, without prejudice to the rights and contentions of the parties, the Petitioners are permitted to file the accounts with the Charity Commissioner for the current Financial Year 2024-2025. The Petitioners are permitted to file its audited accounts through e-filing as also as a matter of abundant precaution also manually.

(iii) All contentions of the parties are expressly kept open.

The Petition is accordingly disposed off in the aforesaid

terms.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)

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Gaikwad RD Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 05/04/2025 13:20:30