Mustafa Hussain Shirpurwala And 2 ORS. v. The State Of Maharashtra And 5 ORS.

wp.1978.17.41.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1978 OF 2017 Mustafa Hussain Shirpurwala & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. A. B. Tajane for the Petitioners Mr. Kedar Dighe, A.G.P for the Respondent-State Ms. Trupti Puranik for the Respondent-MCGM CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

WEDNESDAY, 16 th JANUARY 2019 P.C. :

Contention is petitioners are persons interested and the respondent No. 6 Waqf is not being administered as per law. Unauthorised construction is going on. Learned counsel states that provisions of Maharashtra Public Trust Act, 1950 apply to said Trust. If petitioners are persons interested, they have got a remedy and Forum under said Act. That Forum can look into not only the complaint of illegal construction but also grievance about SQ Pathan 1/2

wp.1978.17.41.doc administration or mismanagement. Petitioners have not made any application to that Authority.

Hence, with liberty to petitioners to approach that Authority in accordance with law and keeping contentions of parties open, we dispose of present petition. No costs. REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2