SAMIR GULAM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed to challenge the judgment and order dtd. 11/4/2019, passed by the Maharashtra State Waqf Tribunal allowing the Waqf Application No. 01/2010 filed by respondent no.5 under Sec. 83 (2) of the Waqf Act, 1995 ('said Act'). By the impugned judgment and order, the resolution passed by the State Government on 25/5/2018 and letter dtd. 19/12/2018, issued by the Chief Executive Officer of the Waqf Board, are quashed and set aside.

(2.) By the resolution dtd. 25/5/2018, the State Government, in the exercise of the powers under Sec. 97 of the said Act, directed the Maharashtra State Board of Waqf to cancel the No Objection Certificate ('NOC') dtd. 25/7/2011, issued for the development of the property belonging to respondent no.4-Waqf. By the letter dtd. 19/12/2018, the Chief Executive Officer of the Waqf Board authorized the Regional Waqf Officer to file a criminal complaint against the trustee of respondent no.4-Waqf and respondent no.5, who was appointed as the developer to develop the Waqf's property.

(3.) The petitioner claims to be an interested party in respondent no.4-Waqf and, feeling aggrieved by the impugned judgment and order, has filed this petition. Learned counsel for respondent nos. 4 and 5 raised a preliminary objection on the locus of the petitioner to challenge the judgment and order passed by the Waqf tribunal.