SALEEMUDDIN AND ORS. Vs. BABA QUERESHI AND ORS.

JUDGEMENT

(1.) Respondent No.2 Chief Executive Officer of Maharashtra State Board of Waqfs passed orders (Annexure F) dated 26th February 2013, acting upon scheme dated 13th August 2012 submitted by Applicants. He accepted scheme for administration and management of "Dargah Hazrath Shahnoor Hamvi Reh. and Dargah Hazrat Shamshoddin Saheb Reh. Masjid, Khankha, Samakhana and Kabrastan, Osmanpura, Aurangabad" (hereafter referred as "Dargah") interalia providing for electing Managing Committee every five years. The order settling such scheme was challenged by Respondent No.1 Baba Quereshi (hereafter referred as "Respondent") before the Maharashtra Waqf Tribunal in Waqf Appeal No.5 of 2013. The Respondent prayed to reject the scheme and continue the managing committee which was earlier created under Section 18 of the Waqf Act, 1985 (hereafter referred as "Act") under his chairmanship. The Presiding Officer of Waqf Tribunal on 28th March 2014, partly allowed the Appeal. The impugned order of the Respondent No.2 (hereafter referred as "Chief Executive Officer) dated 26th February 2013 settling the scheme was set aside. However, the request of the Respondent for renewal of his committee was also rejected. The present Applicants, who claim to have been elected in view of the scheme, have filed the present Revision Application challenging the order of the Waqf Tribunal.

(2.) To understand the controversy, few facts need reference.

(3.) This order Annexure F, of the Chief Executive Officer was challenged before the Waqf Tribunal. The Tribunal framed the following Points and recorded Findings as mentioned: