NIRMAL ASSOCIATES Vs. MAHARASHTRA WAKF BOARD

JUDGEMENT

(1.) This revision application has been heard finally. The applicant original plaintiff, Chief Executive Officer of the respondent (original defendant) in case No.17/2005, passed orders on 1.9.2005, invoking Section 54 of the Waqf Act, 1995 (hereinafter referred to as "the Act") read with Maharashtra Waqf Rules, 2003 (hereinafter referred to as "the Rules") under which enquiry was held, that the present applicant plaintiff should remove, what was held by the Chief Executive Officer to be encroachment on Waqf land, within 15 days. It was directed that, if this is not done, the said encroachment will be removed through Sub-Divisional Officer.

(2.) Against the said order, the applicant plaintiff filed Suit No.53/2005 before the Maharashtra Waqf Tribunal, at Aurangabad, raising various grounds and the suit was filed against Maharashtra Waqf Board, through its Chief Executive Officer. The suit challenged the action and orders passed by the Chief Executive Officer of the Board and prayer was made to declare the order passed by the Chief Executive Officer as null and void.

(3.) In the suit filed, the defendant filed application under Order VII Rule 11 of the Code of Civil Procedure (C.P.C. for short) for rejecting the plaint on the ground that the suit could not have been filed without notice under section 89 of the Waqf Act. The Tribunal, vide impugned order dated 9.4.2008, held that it had read the plaint and suit claim, and that it was admitted fact that notice under Section 89 was not issued and thus, found that the suit was not maintainable. The plaint was rejected, invoking Order VII Rule 11(d) of the C.P.C. read with Section 89 of the Waqf Act. This order is in challenge before this Court.