Full Judgment Text
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
JUDGMENT
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
Page 1
- 2 -
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.
JUDGMENT
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.
Page 2
- 3 -
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.
JUDGMENT
....................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN
NEW DELHI;
JANUARY 18, 2016
Page 3