KASAMSHA RAMJANISHA DIWAN Vs. GUJARAT STATE WAKF BOARD AND ANR.
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 284 of 2016, Judgment Date: Jan 18, 2016
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.284 OF 2016
(Arising out of SLP ( C) No. 4639 of 2015)
KASAMSHA RAMJANISHA DIWAN APPELLANT
VERSUS
GUJARAT STATE WAKF BOARD AND ANR. RESPONDENTS
J U D G M E N T
KURIAN,J.
Leave granted
2. The issues pertain to certain disputes with regard to the Bala
Pir Trust. In the nature of the order we propose to pass, it is
unnecessary to go into the factual matrix of the case. The learned Single
Judge though was of the view that the disputes should be worked out before
the Civil Court, yet remanded the matter to the Gujarat State Wakf Board.
The Division Bench of the High Court as per the impugned judgment dated
01.05.2014, allowed the appeal modifying that part of the order passed by
the learned Single Judge and vacated the order on remand.
3. We find from the order dated 03.03.2006 in Special Civil
Application No. 14540 of 2004 and connected matters that the learned Single
Judge had passed an interim order. The operative portion and to the extent
relevant the order dated
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03.03.2006 reads as follows :
“2.....It appears that there is inter se dispute amongst the Trustees
of the Trust. The decision of the WAKF Board is under challenge in the
main Special Civil Application and this Court has by interim order stayed
the decision of the WAKF Board. It further appears that the Trust is
having property, which includes the income of donation, which may be given
by the devotees who visit Balapir Dargah. With a view to see that on
account of the inter se dispute amongst the Trustees and during the
pendency of this petition, the property of the Trust is taken care and not
adversely affected, it would be just and proper if the District Collector
directs the local Mamlatdar to apply seal to the donation box of the said
Dargah.
3.Further, at the interval of every month, the said donation box may
be opened by the Mamltardar in presence of the Trustees and the amount,
which may be received, shall be credited in a separate bank account of the
Trust. Meeting of the Trust shall also be held under the Chairmanship of
the Mamlatdar and Trustees and after the resolutions are passed by the
Trustees for incurring of expenses for maintenance of the properties of the
Trust, the amount which is being received as donation from the donation box
shall be utilised for making payment through account payee cheque. For
such purpose, there may be the association of Mamlatdar with atleast two
Trustees, one may be from the group of the petitioner and the another may
be respondent Nos. 2 & 3.
4. The Collector shall authorise the local Mamlatdar for compliance
of the aforesaid order and the aforesaid arrangement shall continue until
final disposal of the petition.
5. It is made clear that such arrangement shall be only for maintenance and
preservation of the property and for incurring routine and day to day
expenses but none of the trustees shall take decision for disposal of
immovable property of the Trust until final disposal of the petition.”
4. We permit the appellant to work out the remedy, as per the
liberty granted to the appellant in the impugned judgment, before an
appropriate forum and initiate the process within a period of one month.
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5. The appellant may also seek appropriate interim relief from the
authority concerned.
6. However, in the interest of both the parties, we are of the
view that the interim order which we have extracted above shall continue
for a period of eight weeks so as to enable the appellant to work out the
remedies. Ordered accordingly.
7. We make it clear that we have not considered the rival
contentions of the parties and we have not expressed any opinion on the
merits of the case. It will be open to the parties to raise all available
contentions before the forum concerned. It is for that forum to pass
appropriate and required orders including any order on interim relief.
8. The appeal is disposed of as above with no order as to costs.
....................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN
NEW DELHI;
JANUARY 18, 2016