Mohmmad Abid Taji S/O Sheikh Kalam Taji v. Chief Executive Officer, Maharashtra State Board Of Waqf, Panchakki, Aurangabad And Others

2024:BHC-NAG:13666-DB 1 937.wp.2820.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2820/2024 Mohmmad Abid Taji s/o. Sheikh Kalam Taji Vs. Chief Executive Officer and Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. B. Khan, Advocate for Petitioner.

Mr. A. Z. Mirza, Advocate for Respondent No.1. Mr. Z. S. Shabir, Advocate h/f. Mr. N. V. Fulzele, Advocate for Respondent Nos.2 and 4.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 13/12/2024.

P.C.

.

Vide order dated 24.11.2023, the respondent No.1 accepted Change Report pursuant to the provisions of Section 42 of the Waqf Act, 1995, however, same is sought to be reopened by issuing impugned notice, which was duly signed by the Superintendent of Accounts, Maharashtra State Board of Waqfs on 08.09.2024 produced at Annexure - K.

2.

A perusal of the notice, which is impugned herein at Annexure-K, speaks of the intention of the respondent No.1 to review the order dated 24.11.2023 which is not permissible in law for the reason of absence of express provisions to that effect under the Waqf Act, 1995.

3.

That being so, the impugned notice at Annexure - K is said to be not sustainable and the same is quashed and set aside.

4.

The petition stands allowed in above terms. No costs. (MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule