Bombay High Court
Naseem Banu Nazeer Patel vs The State Of Maharashtra Through The ... on 18 January, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 WRIT PETITION NO. 678 OF 2024
NASEEM BANU NAZEER PATEL
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL
SECRETARY AND OTHERS
....
Mr Avinash S. Deshmukh, Advocate for Petitioner;
Mr R. S. Wani, A.G.P. for Respondents/State
CORAM : RAVINDRA V. GHUGE
AND
Y. G. KHOBRAGADE, JJ.
DATE : 18th January, 2024
PER COURT:
1. The Petitioner is aggrieved by the impugned judgment
and order dated 22/12/2023, passed by the learned Maharashtra
Administrative Tribunal, Chhatrapati Sambhajinagar (Tribunal),
thereby dismissing Original Application No.154/2017. By a
supplementary order, the learned Tribunal continued the stay
(interim relief) on the Departmental Enquiry for a period of 15
days. The enquiry has been stayed ever-since the lodging of
Original Application No.154/2017.
2. We have heard the extensive submissions of the
learned Advocate for the Petitioner and the learned A.G.P. There
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is no dispute that, by an order of this Court, dated 15/01/2018,
delivered in Writ Petition No.4023/2017, filed by the Petitioner,
the suspension order dated 03/03/2017, vide which the Petitioner
was suspended, was directed to be revoked. The rights and
contentions of the litigating parties were kept open in Original
Application No.154/2017, by which, the Petitioner had sought a
direction from the learned Tribunal that the enquiry be quashed
and set aside.
3. There is no dispute that the proposed enquiry against
the Petitioner has been stayed by the learned Tribunal in 2017. It
is also not in dispute that, two issues seem to be raised by the
employer against the Petitioner. Firstly, that the Petitioner did not
have an authority under Section 40 of the Waqf Act, 1995 (the
said Act) to exercise powers. Secondly, it is presumed that the
Petitioner had passed an illegal order dated 04/02/2016, by
exercising powers under Section 40(1) of the said Act and Land
Survey Nos. 980 and 981 were declared to be a non-waqf
property.
4. Today, before us, it is undisputed that the Petitioner
was vested with the jurisdiction under Section 40 of the said Act.
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Insofar as the second issue as regards an illegal order was passed,
the Waqf Tribunal concluded that the order is illegal and
unsustainable. However, in Civil Revision Application
No.102/2019, with an interim application No.2183/2021, the
learned Single Judge Bench of this Court at the Principal Seat
delivered a judgment on 08/10/2021 in the group of connected
matters, and prima facie came to a conclusion that, on the one
hand, the Petitioner was vested with the jurisdiction/powers under
Section 40(1) of the said Act and on the other hand, the decision
of the Tribunal is perverse and unsustainable. However, the
proceedings were remitted to the Tribunal for a fresh hearing on
it's merits. The impugned order of the Tribunal concluding that
the Petitioner had passed an illegal order, dated 16/10/2018, was
declared unsustainable and quashed.
5. The learned A.G.P. informs us on instructions that,
though a timeline was granted to the Tribunal to decide the said
issue, there is no decision delivered till today and the time has
been extended till 31/03/2024.
6. In view of the above, and since the proposed enquiry
has been stayed since 2017, and in the backdrop of an admitted
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position that the first ground, that the Petitioner did not have the
jurisdiction, having been put to rest, no purpose would be served
in proceeding with the enquiry when the order passed by the
Petitioner dated 04/02/2016, is subject matter of adjudication.
7. Issue notice to the Respondents. The learned A.G.P.
waives service of notice on behalf of all the Respondents.
8. By way of interim relief, the stay to the proposed
enquiry shall continue till the decision in this Petition. Liberty to
the parties to circulate this Writ Petition after the Waqf Tribunal
deliver it's order.
9. All office objections shall be removed on or before
14/02/2024, failing which, the Petition shall stand dismissed
without reference to the Court on 15/02/2024.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
sjk
Signed by: Sachin J Kulkarni
Designation: PA To Honourable Judge
Date: 22/01/2024 15:21:51
