Nasruddin Kasamali Jagmagia v. the State of Maharashtra
Case brief
What is this about?
Writ Petition No. 1412 of 2024, High Court of Judicature at Bombay, OOCJ, decided 3 April 2025 (Revati Mohite Dere & Dr. Neela Gokhale, JJ.). Petitioners: Nasruddin Kasamali Jagmagia & Anr.; Respondents: State of Maharashtra (Nos. 1 & 2) and Waqf Board (No. 3). Subject: The Mahomed Jaffer Ramzanally Ismaili Khoja Sanatorium, PTR No. B-659 (BOM); impugned entry based on survey under Section 4 of the Waqf Act, 1995; sought mandamus restraining Charity Commissioner from transferring PTR to Waqf Board pending Waqf Application (L) No. 415 of 2022 (u/s. 7, Waqf Act, 1995) with delay condonation application before Maharashtra State Waqf Tribunal, Aurangabad. Outcome: petition disposed; Tribunal to decide application within three months; Petitioners permitted to file accounts with Charity Commissioner for FY 2024-2025 (e-filing and manual) without prejudice; all contentions kept open. Statutes: Article 226, Constitution of India; Sections 4 and 7, Waqf Act, 1995; Maharashtra Public Trusts Act, 1950 (MPT Act, 1950). No precedent cited.