FAROOQ YASIN SAYYAD INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners assail the Show Cause Notice dated 15 th January 2024, issued by the Respondent No 3-the Chief Executive Officer of the Waqf Board, Panchakki, Aurangabad ('CEO'). By the Show Cause Notice, the CEO called upon the Petitioners to show cause as to why criminal action should not be initiated to recover the Waqf property as per the provisions of Ss. 52 and 52-A of the Waqf Act, 1995 ('the Act').

(2.) By Order dtd. 5/8/2024, this Court had noted the submission of the Petitioners that the Respondent No.3 i.e. the CEO cannot be a litigant and a judge in his own cause, at one and the same time. This Court thus, granted time to the Respondents to file their Affidavit in Reply on merits as well as on the ground of maintainability of the Petition, as raised by the Petitioner. Ad-interim relief thus, ensued staying the operation of the Show Cause Notice impugned in the Petition, till the next date.

(3.) Accordingly, the Respondent No. 4, i.e. the Complainant/ Applicant before the Waqf Board, i.e., the main contesting party in the present Petition filed his reply Affidavit dated 21 st October 2024. Besides replying on merits, the Respondent No. 4 stated in his Affidavit that the Petitioners herein had illegally transferred the Waqf property without the previous sanction of the Waqf Board, which is in direct contravention of the provisions of the said Act. Therefore, he submitted that the proceedings initiated against the Petitioners by the Respondent No. 3 as CEO of the Waqf Board are maintainable.