LexMAHARASHTRA STATE BOARD OF WAKFS versus SHAIKH YUSUF BHAI CHAWLA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2012] 5 S.C.R. 1014 A MAHARASHTRA STATE BOARD OF WAKFS B V. SHAIKH YUSUF BHAI CHAWLA & ORS. (Special Leave Petition (C) Nos.31288-31290 of 2011) MAY 11, 2012 [ALTAMAS KABIR, J. CHELAMESWAR AND RANJAN GOGOi, JJ.] WAKF ACT, 1995: s.112 - Writ petitions before High Court challenging formation of Maharashtra State Board of C Wakfs and notification issued by Board publishing list of Wakfs in the State of Maharashtra - High Court allowed the writ petitions with direction that until a new Board is incorporated under the 1995 Act and the Board started functioning in accordance with the 1995 Act, the provisions D of the Bombay Public Trusts Act would apply to such Muslim Public Trusts as are registered under the Bombay Public Trusts Act and the Charity Commissioner would continue to administer the Muslim Wakf properties - Further, State Government was given liberty to take steps to make such E interim' arrangements to monitor and supervise the Wakf properties and other related aspects under the 1995 Act - Special leave petitions - Whether High Court has jurisdiction to make such orders in the writ jurisdiction and particularly to vest the management of all Wakf properties in the Charity F Commissioner in view of the provisions of s. 112 and in particular sub-section (3) thereof of the 1995 Act - Held: The Wakf Board was constituted under the provisions of the 1995 Act, but not at full strength as envisaged in ss. 13 and 14 of the said Act - Whatever may be the reason, the factual G position is that there is no properly constituted Board of Wakfs functioning in the State of Maharashtra - At the same time, the administration of Wakfs in Maharashtra cannot be kept in vacuum - Although, it cannot be said that the Bombay Public Trusts Act was a corresponding law and, therefore, H 1014 MAHARASHTRA STATE BOARD OF WAKFS v. 1015 SHAIKH YUSUF BHAI CHAWLA stood repealed, it cannot also be said that the same would A be applicable to Wakf properties which were not in the nature of public charities - There is a vast difference between Muslim Wakfs and Trusts created by Muslims which was overlooked by High Court and orders were passed by High Court without taking into consideration the fact that the Charity B Commissioner would not ordinarily have any jurisdiction to manage the Wakf properties - In these circumstances, it would be in the interest of all concerned to maintain the status quo and to restrain all those in management of the Wakfproperties from alienating and/or encumbering the Wakf properties c during the pendency of the proceedings before this Court - Directions passed that in relation to Wakf properties, as distinct from Trusts created by Muslims, all concerned, including the Charity Commissioner shall not permit any of the persons in management of such Wakf properties to either 0 encumber or alienate any of the properties under their management, till a decision is rendered in the pending special leave petitions - Bombay Public Trusts Act, 1950. CIVIL APPELLATE JURISDICTION: SLP (C) No. 31288- 31290 of 2011 etc. E From the Judgment & Order dated 21.09.2011 of the High Court of Judicature at Bomaby in Writ Petition No. 2906 of 2004, 899 and 357 of 2011. WITH F SLP (C) Nos. 32129-32131, 32636, 35196 and 35198 of 2011. R.F. Nariman, S.G., Ranjit Kumar, K.K. Venugopal, Vinod A. Bobde, P.P. Rao, Yusuf Hatim Muchhala, Dr. Rajeev G Dhawan, Sudhanshu S. Choudhari, Javed Shaikh, Sunil Upadhyaya, Sanjay V. Kharde, Shivaji M. Jadhav, Sachin J. Patil, Asha Gopalan Nair, Javed R. Shaikh, Mohd. lrshad Hanif, Mohd. Adeel Siddiqui, Shakil Ahmed Syed, Shuaib-uddin, Mohd. Parvez Dabas, Moonis Abbasi, Huzefa A. Ahmadi, Ejaz H 1016 SUPREME COURT REPORTS [2012] 5 S.C.R. A Maqbool, Sakshi Banga, Mrigank Prabhakar, Apeksha Sharan, Garima Kapoor, Sagheer A. Khan, Husnain Kazi, Kavin Gulati, Rashmi Singh, Anupam Mishra, T. Mahipal, Aman Vachhler, Ashutosh Dubey, Dhiraj, Love K. Sharma, Vriti Anand, P.N. Puri, Praveen Kumar, Vinay Navare, Abha R. Sharma, Sana Yusuf B Baugwala, Chinmoy Khaladkar, V.P. Dube, D.P. Sali, Vimal Chandra S. Dave for the appearing parties. The order of the Court was delivered by ALTAMAS KABIR, J. 1. These several Special Leave C Petitions have been filed by the State of Maharashtra and other parties. While Special Leave Petition (C) Nos.31288-31290, Special Leave Petition (C) Nos.32129-32131 and Special Leave Petition (C) No.32636', a
Excerpt shown. Read the full judgment & AI analysis in Lexace.