Musa Abdul Momin vs Saifan Rashid Pathan An Another
2022 Latest Caselaw 4297 Bom

                                                                           32-CRA-55-2022.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                     CIVIL REVISION APPLICATION NO. 55 OF 2022

                                 MUSA ABDUL MOMIN
                                       VERSUS
                         SAIFAN RASHID PATHAN AND ANOTHER

                                        ...
                    Mr. Anand P. Bhandari, Advocate for Petitioner
                  Mr. N. E.Deshmukh, Advocate for Respondent No.6
                                        ...


                                    CORAM : MANGESH S. PATIL, J.

DATED : 25 APRIL 2022

PER COURT :

1. Heard learned advocate Mr. Bhandari for the revision petitioner

and learned advocate Mr. Deshmukh for the respondent No.6 - C.E.O of Wakfs

Board.

2. In a change report filed by the present petitioner, the Wakf

Tribunal by the judgment and order dated 3 March 2021 quashed and set

aside the order passed by the Chief Executive Office (C.E.O.), Wakf Board

dated 26 August 2019 and remanded the matter back to the Chief Executive

Officer for taking a decision on the change report afresh on its own merits.

3. Pursuant to such directions, the Chief Executive Officer, Wakf

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Board by the order dated 7 February 2022, ex facie, without taking any

decision on the change report, directed a fresh election to be held within three

months.

4. The petitioner, being aggrieved and dissatisfied by such a

direction preferred Wakf Application No. 14 of 2022 and challenged the order

dated 7 February 2022.

5. By moving application (Exh.13) the petitioner prayed for stay to

the implementation of the direction dated 7 February 2022. By the order

under challenge, the tribunal has rejected that application, inter alia,

observing that all the issues that were being raised in the main proceeding

could be the subject matter of the challenge to be gone into it in the change

report under section 42 of the Wakf Act that would be filed pursuant to the

election that were underway.

6. Only apprehension expressed by Mr. Bhandari for the petitioner is

that the observations in the impugned order insinuate that the main

proceedings in the form of Application No. 14 of 2022 may not be heard and

decided on its own merits by the tribunal in view of the reasoning given in the

impugned order.

7. Needless to state that by the main proceeding pending before the

Waqf Tribunal, the order passed by the Chief Executive Officer dated 7

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February 2022 has been challenged. The tribunal will have to decide the

challenge on it merits and cannot legally brush aside it by observing that

pursuant to the elections, the main proceeding would become infructuous.

When the very source of holding the election is the order which is a subject

matter of challenge before the tribunal, it would be imperative for the tribunal

to decide that challenge on its own merits. I cannot comprehend as to how the

tribunal would be oblivious of its jurisdiction and power.

8. The learned advocate Mr.Deshmukh for the respondent - Chief

Executive Officer, Wakf Board also submits that he does not have objection

even if the tribunal is now called upon to decide the main application on its

own merits.

9. Civil revision is dismissed. However, the tribunal shall decide the

main application No. 14 of 2022 on its own merits expeditiously.

( MANGESH S. PATIL, J.)

Tandale/-