Latif Banemiya Inamdar And Others v. The State Of Maharashtra And Others
*1* 2wp7427o16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 7427 OF 2016 LATIF BANEMIYA INAMDAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.272 OF 2017 IN WP/7427/2016 JUNAID KHAN AND OTHERS.
VERSUS LATIF BANEMIYA AND OTHERS.
...
Advocate for Petitioners : Shri Gawali Amol K. AGP for Respondents/ State : Shri P.S.Patil.
Advocate for Intervener : Shri F.J.Khan.
...
CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.
DATE : 22nd June, 2017 P.C.:
We heard the learned Advocate for the Petitioners. Perused the Writ Petition and annexures thereto particularly the Government Resolution/ directive at page 325 of the paper book. Having perused it with the assistance of Shri Gawali, learned Advocate for the Petitioners, we do not find any reason to interfere in our writ jurisdiction and at this stage. We do not think that any such directive or government resolution traceable to the executive powers of the State,
*2* 2wp7427o16 can ever be construed as overriding the substantive provisions of the enactment, namely, the Waqf Act, 1995. The Waqf Act defines "waqf", deals with it's management and also recognizes what the Petitioners style as "mutawalli" defined in Section 3(i). Such directives as are issued, cannot affect either the status or recognition of "waqf" and "mutawalli" and protected by the Waqf Act. All such directives as are issued under the Maharashtra Land Revenue Code, 1966, therefore, would not mean that necessarily they deal with the right, title and interest in immovable properties or status as above. None of these authorities ever decide such contested issues and if they decide the same not in accordance with law, then, the Petitioners are not remedyless. Secondly, on mere apprehension this Court cannot strike down the Government Resolution and more so when it is clarified as above.
Keeping open all the contentions as far as the merits of the claim, we dispose of this Writ Petition.
The pending Civil Application does not survive and it is also disposed of.
kps (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)