pdm1722 Stay Petition Mussafir Khan

BEFORE THE HONABLE MAHARASHTRA STATE WAKF

TRIBUNAL AT AURANGABAD
Application No. ___/2019
Petitioner : 1. Saifee Burhani Upliftment Trust,
having its Registered Office at
Ezzy Hall, 47/49, Raudat Tahera Street,
Mumbai. through its Authorised Signatory/
Trustee, Mr. Shabbirbhai G. Morbiwala,
Age. Major, Occ. Business
C/o. As above.

2. Shaikh Abdullabhai Electricwala (Trustee)

Age. Major, occ. Business
C/o. As above.

3. Shaikh Asgerbhai E. Ariswala (Trustee)

Age. Major, Occ. Business
C/o. As above.

Note : The Petitioner No. 2 and 3 have authorized Petitioner

No.1 to sign and verify the petitions , Vakil Patra, also the
Affidavits for conducting the matter.

Versus

Respondents : 1. Maharashtra State Board of Wakfs

through its Chief Executive Officer,
having its office at Panchakki, Aurangabad

2. Chief Executive Officer

Maharashtra State Board of Wakfs
Office at Panchakki, Aurangabad

Note No. 2 : The purported application dated 19.3.2019 has only

the reference of the name Syed Nusrat , there is no fathers name

, there is no address , in short his identity is not known ,

therefore he is not in the array of Respondents, even otherwise

the Wakf Board and the Chief Executive Officer are only

necessary party, even otherwise the Registration is alleged to be

U/s. 43 of the Wakf Act 1995 .

Application U/s. 83 (2) of the Wakf Act 1995, challenging the

purported Order dated 29.3.2019 and or purported order dated

29.3.2019, registering the Institution Haji Ismail Haji Habib

Mussafir Khana Trust at 131 Pydhoni Road, Mumbai as a

Wakf Institution.

Stay Petition

I, Mr. Shabbirbhai G. Morbiwala, Age. Major, Occ. Business ,

Saifee Burhani Upliftment Trust, having its Registered Office at

Ezzy Hall, 47/49, Raudat Tahera Street, Mumbai. through its

Authorised Signatory/ Trustee, the deponent hereby state on oath

as under :

1. That the petitioner has filed an application challenging the

order dated 9.4.2019 and or dated 25.3.2019 passed by the

Respondents of Registration of Mussafir Khana Trust as Wakf

under the Section 43 of the Wakf Act 1995, which application

 is based on sound grounds and the petitioner is sure of its

success.

2. The Order under Application is under assumption and

presumption and is patently illegal from the apparent facts on

record.

3. The order exparte without notice and hearing to the petitioners

thereby the Principal of Natural Justice have been violated

factually and legally.

4. The Respondent No.1 and 2 knew very well that a suit bearing

No. 75/2019 is pending in before the Wakf Tribunal at

Aurangabad on the date of so called purported order 9.4.2019

and prior to this suit also the Respondent No.1 and 2 has the

Knowledge of the Right and Interest of the petitioner in view

of the correspondence prior to the suit and because of the

alleged Protest March and Protest by the member of the Wakf

Board in his official capacity as a Member.

5. That as such there could have no purported order of

Registration without notice . The Wakf Board or the

Respondent usually are habituated for such exparte actions, as

per their whims and desires even thought at present they are

having the Services of a Ex-Judicial Officer.

6. That if the documents of so called registration are seen it says

that the registration record is to be prepared and maintained

under Section 37 of the Wakf Act 1995. It is submitted that no

record under Section 37 can be maintained of a deemed

Registered Wakf because Section 43 itself says that there can

be no record and there will be no record of deemed

Registration. That in view it is a case of total illegality.

7. If the alleged purported order dated 9.4.2019 and or dated

29.3.2019 is seen it is nothing but a Cyclostyled Performer

which means that there can be no application of mind but only

Mechanically filing of the order already in existence. Hence

the illegality goes to the root of the matter. If the order is seen

it refers to one Gazettee Notification dated 13.11.2004. Such

Gazettee notification was not in existence on the date of the

order and more over the matter is sub-judice in the Supreme

Court regarding the Publication of List of Wakfs.

8. Further the order no where refers to application by any person

with the reference clause when on obtaining the Certified copy

it appears that one Syed Nusrat whose details are not known

filed the application.

9. That the causal approach as usual of the Board i.e. the

Respondent is clear from the fact that in the application dated

19.3.2019, the name of the applicant is only mentioned as Syed

Nusrat . His father name is not there his address is also not

there and he is residing at which place nobody known’s.

Further there is no Affidavit annexed to the application which

is compulsory. If the details of the application are seen it is

mentioned as old Wakf and that the registration is as per the

Gazette. The year of the Gazettee is also not mentioned. It is

mentioned that the Institution is Religious and it is mentioned

that as per deed, no deed is filed, which is the deed is not

known, Column No. 9,10, and 11 are totally blank , no

reference of the property and its details are there no names of

the Trustees is there. The sum and substance is what was the

hurry and what was the urgency in doing the Registration on

such a incomplete application without any enquiry of any

nature is not known. No records have been seen , no record has

been searched more particularly because the record of

Institution Mussafir Khana is not there with the Wakf Board

and is not sent to the Wakf Board i.e. the Respondents by Trust

Authorities i.e. Charity Commissioner, hence the illegality and

perversity goes to the root of the matter showing the high

handed actions of the Respondent for the reason best known

 to them, there the saga of Stigma of illegal and high handed

action continuous of the Respondent.

10. That the Registration Certificate of the so called

Registration also suffers from the illegalities apart from the

other illegalities pointed out in infinity. The date of

Registration Certificate or the Registration Date is 9.4.2019,

therefore naturally the Registration Certificate is to be signed

by the Respondent No. 2 on 9.4.2010, but surprisingly it is

signed on 29.3.201 and below his signature there i.e one more

date as 25.3.2019. How this is possible and what is the mystery

of such dates remains a Million Dollar Question on the face of

Respondent and their Employee handling the Management of

the Board at Aurangabad . Hence again the Saga of Illegalities

is a chronic disease in the instant case. In continuation one

more trick is played and that while issuing the Certified copy

the date 9.4.2019 has been tried not to appear or to be shown

in the Registration Certificate by mechanical process. But in

the copy produced in the Court in case No. 75/2019 the date

9.4.2019 is there and most important the true copy issuance

date of the document produced in the court is 9.4.2019 itself.

On whose application it is issued is not known.

11. That as such it is apparent and clear that the Registration

is not sustainable factually and legally therefore the purported

order of registration dated 9.4.2019 and or 25.3.2019 deserves

to be set aside more particularly because the Mussafir Khana

allegedly registered as a Wakf is a Trust under the B.P.T. Act

since more than 100 years and is working as a Trust known to

all as the entire trust Mussafir Khana Trust and its Trust

properties are vested in the Trustees to look after and managed

the Mussafir Khana Trust, with a further contention of the Real

fact of the Interest of the petitioners in the Mussafir Khana

Trust, as they have Purchased the Mussafir Khana Trust and

its properties in pursuance of the Order of Charity

Commissioner, Mumbai dated 26.11.2015 vide Conveyance

Deed dated 19.5.2016.

12. That in view of all the above factual and legal the

operations and implementation of the order dated 9.4.2019 and

or 25.4.2019 passed by the Respondents , registering the

Mussfir Khana Trust as Wakf is to be stayed till disposal of

the main application . If stay is not granted there will be

irreparable loss and injury which cannot be compensated in

any terms. The Respondents will use the alleged Registration

in the Concerned Office and will start creating Record of the

 alleged Wakf more over the order is illegal , therefore Stay is

necessary.

Date : Deponent

Deponent Identified and

Contents explained by me
Saifee Burhani Upliftment Trust,
through its Authorised Signatory/
Mr. Shabbirbhai G. Morbiwala,

S.R. Nehri, Advocate

 Verification

I, Mr. Shabbirbhai G. Morbiwala, Age. Major, Occ. Business ,

Saifee Burhani Upliftment Trust, having its Registered Office at

Ezzy Hall, 47/49, Raudat Tahera Street, Mumbai. through its

Authorised Signatory/ Trustee, the deponent hereby state on oath

that the contents of this Affidavit are true and correct to be best of

my knowledge and based upon the legal advice. Hence Verified on

the day ___ of April 2019 at Aurangabad.

Deponent

Mr. Shabbirbhai G. Morbiwala