Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr. vs the Assistant Charity Commissioner Alibag and Anr.

IN Digitally signed by SANTOSH SUBHASH KULKARNI WRIT PETITION NO. 18892 OF 2024 Date: 2025.11.06 18:08:32 +0530 Abdul Aziz s/o. Mohammad Usman Baig and Anr ...Applicants

¶12

IN THE MATTER BETWEEN Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr. ...Petitioners Versus The Assistant Charity Commissioner Alibag and Anr. …Respondents

¶13

WITH INTERIM APPLICATION NO. 3665 OF 2025 IN WRIT PETITION NO. 18892 OF 2024 Imtiyaz Ismail Baig and Anr ...Applicant IN THE MATTER BETWEEN Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr. ...Petitioners

¶14

Versus

¶15

The Assistant Charity Commissioner Alibag and Anr. …Respondents WITH INTERIM APPLICATION NO. 2036 OF 2025

¶16

IN

¶17

WRIT PETITION NO. 18892 OF 2024 Mansoor Mustafa Baig ..Applicant IN THE MATTER BETWEEN

¶18

1/5

¶19

71-WP18892-2024+.DOC

¶20

Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr.

¶21

...Petitioners

¶22

Versus

¶23

The Assistant Charity Commissioner Alibag and Anr.

¶24

…Respondents

¶25

Mr. Rajiv Patil, Senior Advocate, a/w Sachin Punde, for the Petitioners.

¶26

Mr. Zameer Shaikh, a/w Kishor Pawar, for Respondent No.2. Ms. Leena Patil, for the Intervener in IA/3665/2025. Mr. Hamid Mulla, AGP for the State.

¶27

CORAM: N. J. JAMADAR, J. DATED: 3^rd NOVEMBER, 2025

¶28

Oral Order:-

¶29

Heard the learned Counsel for the parties.

¶30

The challenge in this petition is to an order dated 11^th December, 2024 passed by the learned Principal District Judge, Raigad – Alibag, on applications Exhibits-6 and 20, whereunder the petitioners herein had sought a prayer to allow the trustees to continue with their office of trust till the decision of Civil Misc. Application No.108/2024 filed for appointment of new trustees for the period of five years from 4^th May, 2024.

¶31

The respondents, in turn, had filed an application to vacate the interim order passed on 4^th May, 2024.

¶32

2/5

¶33

71-WP18892-2024+.DOC

¶34

By the impugned order, the learned District Judge has appointed the Assistant Charity Commissioner to look after the management of the trust namely Yakub Baig Trust, Panvel, till the decision on an application under Section 40 of the Waqf Act, 1995, then pending before the Maharashtra State Board of Waqf.

¶35

When the matter was listed before this Court on 18^th December, 2024, this Court was persuaded to grant adinterim relief in terms of prayer clauses (c) and (d), subject to following conditions:

¶36

(a) The Petitioners should not deal with the Trust property in any manner.

¶37

(b) The Petitioners can only operate the Bank Account for the purpose of incurring day to day expenses of the Masjid and other Trust properties.

¶38

(c) They are directed to maintain the Accounts and submit it to the Office of the Assistant Charity Commissioner within fifteen (15) days.

¶39

(d) No major policy decision will be taken without permission of this Court.

¶40

In the meanwhile, the Chief Executive Officer, Waqf Board, has passed an order thereby declaring Yakub Baig Trust as a Waqf institution.

¶41

The learned Counsel for the applicant in Interim Application No.3665/2025, submits that in view of the

¶42

3/5

¶43

71-WP18892-2024+.DOC

¶44

aforesaid order passed by the Chief Executive Officer, Waqf Board, the petition itself has been rendered infructuous.

¶45

As against this, Mr. Patil, the learned Senior Advocate for the petitioners, submits that the order dated 30^th January, 2025 has been assailed before the Waqf Board. As the Tribunal has not decided the application for stay to the order passed by the Chief Executive Officer, Waqf Tribunal, and has entertained the applications for intervention of third parties, the petitioners have preferred another writ petition before this Court.

¶46

Since the main application for appointment of the trustees for a further term of five years awaits adjudication before the learned Principal District Judge, Raigad-Alibag as a persona designata, it would be expedient in the interest of justice that the said application itself is decided as expeditiously as possible and, in the meanwhile, the adinterim order passed by this Court is continued.

¶47

So far as the order passed by the CEO Waqf Board, declaring the trust as the Waqf institution, the consequences in law will follow. It is further necessary to clarify that the parties would be at liberty to raise the ground that

¶48

4/5

¶49

71-WP18892-2024+.DOC

¶50

consequent to the declaration of trust as a Waqf institution,

¶51

Civil Misc. Application No.108 of 2024 is not maintainable.

¶52

The petition, thus, stands disposed.

¶53

The ad-interim order passed by this Court shall continue to operate as an interim order till the hearing and final disposal of Civil Misc. Application No.108 of 2024.

¶54

The learned Principal District Judge is requested to make an endeavour to hear and decide Civil Misc. Application No.108 of 2024 as expeditiously as possible and, preferably, within a period of three months from the date scheduled for the appearance of the parties.

¶55

The parties shall appear before the learned Principal District Judge, Raigad-Alibag, on 10^th November, 2025.

¶56

All contentions of all the parties are kept open for consideration before the learned Principal District Judge and the Waqf Tribunal.

¶57

In view of the disposal of the petition, IA/4123/2025, IA/3665/2025 and IA/2036/2025 also stand disposed.

¶58

[N. J. JAMADAR, J.]

¶59

5/5

Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr. v. the Assistant Charity Commissioner Alibag and Anr.

Case brief

What is this about?

What did the court decide?

Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, through Chief and Anr. v. the Assistant Charity Commissioner Alibag and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ms. D G Lands Developers Private Limited vs Muthyala Venkata Brahama Vara Prasad

Prapti Pritesh Parab vs State of Maharashtra

Maaz Ismail Patel vs the Mumbai Municipal Corporation Thr the Designated Officer and Anr.

Raghunath Kachru Kolhe vs Bhilu Shankar Jadhav

Virendra Madhukarrao Deshpande vs the State of Maharashtra Thr Principal Secretary Housing Dept. of and Ors.

Shri Dilip Krishnaji Joshi vs Durgabai Mahdeo Puranik Since Deseased Thorogh Legal Heirs