Civil Revision Application No. 66 of 2012. Case: Javed Ahmed Khatib Vs Mohammed Arif Shafeeq Ahmed Patel. High Court of Bombay (India)
| Case Number | Civil Revision Application No. 66 of 2012 |
| Counsel | For Petitioner: V. J. Dixit, Sr. Counsel, i/b A. N. Nagargoje, Advs. and For Respondents: R. R. Mantri h/f Mujtaba Gulam Mustafa, M. B. W. Khan, A. D. Kasliwal, Advs. |
| Judges | T. V. Nalawade, J. |
| Issue | Wakf Act (43 of 1995) - Sections 42, 83(5); Civil Procedure Code (5 of 1908) - Order 39 Rule 1 |
| Citation | AIR 2014 BOM 94 |
| Judgement Date | April 15, 2014 |
| Court | High Court of Bombay (India) |
Judgment:
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CRA Nos. 66/2012, 84/2014 and 85/2012 are admitted. Notice made returnable forthwith. Both the sides agreed to argue the matters for final disposal. Writ Petition No. 625/2009 is already admitted. Heard all the sides.
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The dispute is in respect of management of Jumma Masjid, Patel Mohalla, Panvel, Tahsil Panvel, District Raigad. This institution is registered under Bombay Public Trusts Act [hereinafter referred to as 'the Trusts Act' for short] and at present also registered under Waqf Act, 1995. In the office of learned Assistant Charity Commissioner, Raigad the institution is registered along with the scheme of management. Waqf Suit No. 20/2009 was filed by petitioner from CRA No. 84/2009. At Exh. 5 application for relief of temporary injunction was filed. This application is rejected by Waqf Tribunal by order dated 15.6.2009 and this order is challenged in the revision. The petitioner from CRA No. 84/2009 has filed remaining two revisions also. CRA No. 85/2009 is filed to challenge the order made on Exh. 5, the temporary injunction application in Waqf Suit No. 61/2009. This application filed by respondent No. 1 [hereinafter referred to as 'the trustee' for short] is allowed by the Tribunal by the order dated 15.6.2009. CRA No. 66/2012 is filed against the order made by Waqf Tribunal on Exh. 51 in Waqf Suit No. 61/2009. The application filed by respondent No. 1 trustee to strike off the defence of revision petitioner is allowed by the Waqf Tribunal. The Writ Petition No. 627/2009 is filed to challenge the order made by Waqf Board on 19.11.2008. By the order, the Board has directed that the construction going on in the campus of Jumma Masjid will be continued under the supervision of Divisional Waqf Officer, Konkan Region and the Officer is to execute the work with the help of villagers. A direction was given to both the sides to co-operate the Divisional Waqf Officer.
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It appears that Waqf Suit No. 20/2009 filed by the petitioner is dismissed. Submission was made that proceeding is filed for restoration of suit. Waqf Suit Nos. 20/2009 and 61/2009 were in respect of the same subject-matter and similar relief was claimed by the petitioners and respondent No. 1. In view of this circumstance, giving decision in CRA No. 85/2009 would be sufficient for decision in respect of temporary relief claimed by the two contesting sides. In view of nature of relief claimed in the Writ Petition, the decision given in revision petition will be sufficient for disposal of the Writ Petition also.
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Jumma Masjid, the institution was registered under the Trusts Act on 24.6.2004 in the office of Assistant Charity Commissioner, Raigad. Though the institution was registered first time in the year 2004, the Masjid is more than two centuries old. Many agricultural lands and house properties are registered as properties of this trust. Respondent No. 1 - Mohammad Arif from the revision petition is the Chief Trustee and there were ten more other trustees.
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It is the case of petitioners that as per the scheme submitted in the office of Assistant Charity Commissioner, it is necessary to hold election after every three years starting from 28.6.2004. It is contended that till 27.6.2007 no General Body was called and no steps were taken by the trustees for calling General Body for electing new Managing Body. It is contended that initially two interested persons gave representation to the trustees on 1.8.2007 for calling General Body and then 42 such persons gave representation on 30.8.2007. These persons were interested in General Body as new Managing Body was not elected as per the scheme. It is contended that application was given to the Chief Officer of Waqf Board on 23.6.2007 and the authority was also requested to take steps by appointing Officer to hold the election. It is the case of petitioners that as no such steps were taken, the interested persons called General Body meeting on 17.5.2008 for election of Managing Body and on 17.5.2008 new Managing Body came to be elected. It is their contention that the change report was given to Waqf Board on 20.5.2008 as required under the provisions of Waqf Act, 1995.
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Respondent No. 1 - Mohammad Arif, the trustee filed objection to the aforesaid change report. From 23.10.2008 onwards the Waqf Board made correspondence with the petitioners and it was informed that the change report was not approved and so, the petitioners were not entitled to call General Body. Board then directed the present petitioners to see that they do not collect the rent. The direction was given to return the rent already collected. Then complaint application was received by the Board, that the petitioners had started making the construction inside the Masjid illegally. On 11.1.2008 Board sent the letter to stop the construction. Then on 19.11.2008 a letter which is challenged in the Writ Petition was given by the Waqf Board.
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It is the case of Chief Trustee - Mohammad Arif that no new Managing Committee has come in existence. On the basis of record and the scheme, the Tribunal has held that no new body has come in existence. The Tribunal has allowed the Managing Body registered in the year 2004 to function and the petitioners are prevented from functioning as...
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