Mohammed Iqbal Hussain S/O Mohammed Murtuza Hussain v. The State Of Maharashtra Thr The Principal Secretary Minority Delopment And ORS

61-WP-10263-2024-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10263 OF 2024 Mohammed Iqbal Hussain S/o Mohammed Murtuza Hussain

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Shakeeb Shaikh a/w Noorain Patel i/by Diamondwala & Co., Advocate for the Petitioner.

Mr. P.P. Kakade, Addl. G.P. a/w Ms. Savina Crasto, AGP for the Respondent - State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 24th MARCH, 2025 by SUNNY ANKUSHRAO THOTE Date:

2025.03.26 19:07:52 +0530 SUNNY ANKUSHRAO THOTE P.C. :- 1.

The Petitioner is a practicing Advocate and professes the Mohammedan Religion. According to him, he is eligible to be considered as a member of the Maharashtra State Board of Waqf from the category of Muslim Advocate under Section 14(1)(iii) of the Waqf Act, 1995. He, therefore, voluntarily made an Application on 12th March, 2024 to the Principal Secretary, Minority Development Department, Mantralaya (Extension), Mumbai 400032 to issue an order of his nomination.

SUNNY THOTE

61-WP-10263-2024-(C).odt 2.

The learned Addl. Government Pleader submits that there is no statutory duty cast in the Principal Secretary to consider such an Application. If any notification is published for filling up the post of member of the Maharashtra State Board of Waqf, the Petitioner can apply, like any other eligible person. 3.

In view of the above statement, this Writ Petition is disposed off. In the event the State Government initiates a drive to fill up the vacant posts, if any, of the Maharashtra State Board of Waqf and if the Petitioner is eligible, he may apply and compete with all equally placed other candidates.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE