Gujarat High Court
Momin vs Guajarat
Author: Jayant Patel
Bench: Jayant Patel
SCA/14540/2004 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 14540 of 2004 With CIVIL APPLICATION No. 10097 of 2005 With CIVIL APPLICATION No. 5440 of 2005 ============================================================== MOMIN VALIBHAI KAMALBHAI & 8 - Petitioner(s) Versus GUAJARAT STATE WAKF BOARD & 2 - Respondent(s) ============================================================== Appearance : MR AJ MEMON for Petitioner(s) : 1 - 9. RULE SERVED for Respondent(s) : 1, MR RD DAVE for Respondent(s) : 2 - 3. ================================================================== CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 03/03/2006 ORAL ORDER
Leave to join the District Collector, Gandhinagar as party respondent. Notice to the newly added Party. Mr. Desai is directed to appear on behalf of the District Collector.
Civil Application No. 10097 of 2005 is preferred for taking suitable action against the respondent Nos. 2 & 3 for alleged breach of injunction and also for proper preservation of the property of the Trust. Civil Application No. 5440 of 2005 is preferred for vacating of the ad-interim order. It appears that there is inter se dispute amongst the Trustees of the Trust. The decision of 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.
Further, at the interval of every month, the said donation box may be opened by the Mamlatdar 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.
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.
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.
In view of the aforesaid order in the main Special Civil Application, Civil Application No. 10097 of 2005 as well as Civil Application No. 5440 of 2005 shall not survive and shall stand disposed off accordingly. After the smooth functioning of the trust in pursuance of the aforesaid interim order for a period of six months, it would be open to either side to move this Court for final hearing.
(JAYANT PATEL, J.) *bjoy