MOHD MINHAJUDDIN SHAIKHHABIB QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Mohammed Minhajuddin Shaikh Habib Quareshi, by this petition, has challenged the judgment and order dated 1st February 1989 passed by the Hon'ble Minister, Aukaf and Urban Development, government of Maharashtra, dismissing appeal and confirming the order passed by Respondent no. 2. In that appeal, the petitioner had challenged the order passed by the Administrator of the Marathwada Wakf Board/ respondent no. 2 herein, on 7th April, 1984.

(2.) DURING pendency of this Writ Petition, the original writ petitioner minhajuddin expired and his heirs and legal representatives, have filed an application for being substituted them as heirs and legal representatives and to bring them on record. That application was allowed by this Court on 28. 1. 2005. Now, the heirs of deceased petitioner are prosecuting this petition.

(3.) THE short controversy involved in this Petition is whether the order dated 7th April, 1984 passed by the Secretary, Marathwada Wakf board Aurangabad as approved by the Administrator can be called to be a legal and valid order of removal of deceased petitioner from the post of mutawalli. The order purported to be passed u/s 43 of the Wakf Act, 1994 (29 of 1994) (hereinafter referred to as "the Act" ). By the said order, the deceased petitioner who was working as "mutawalli" of the Wakf "kabristhan" his services were terminated forthwith. In normal circumstances, on the death of the original petitioner i. e. Mutawalli of the wakf, the petition should have been dismissed as infructuous, but the deceased petitioner raised a contention that the post of Mutawalli of the wakf in question being hereditary and the power of appointment of mutawalli lies with the family members, the question has to be decided in order to avoid further litigation as the deceased was appointed as Mutawalli vide Resolution passed on 30th July 1976 by the members of the family on account of death of the Mutawalli Janab Abdul Quadar Mohammed hussain.