1 wp1584.05.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1584 OF 2005 WITH CIVIL APPLICATION NO. 91 OF 2007 IN WRIT PETITION NO. 1584 OF 2005 Manoj Shivaji Pardeshi & Anr. ....Petitioners. Vs. Rasool Baug Kabrasthan & Ors. ...Respondents. Mr. S.S. Kulkarni for the Petitioners. Mr. A.N. Mulla for Respondent Nos. 2 to 12. Mr. R.M. Momin for Respondent No.13. Mr. C.R. Sonawane, AGP for Respondent No.15. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 5 OCTOBER, 2011. P.C. :- The Petitioners in this Petition make a grievance about the certificate issued by the Wakf Board dated 4 December 2003 certifying that Rasool Baug Kabrasthan, Trimbak Road, Nashik is deemed to be 2 wp1584.05.sxw ssm registered as a Trust under the Wakf Act. 2 It is common ground that an Application was made for the certificate from the Wakf Board by Respondent Nos. 2 to 12. It was their case that this Charity is already registered under the Bombay Public Trusts Act, 1950 with the Charity Commissioner, Nashik. The Wakf Board acting on that representation assuming that the Charity is already registered under the Bombay Public Trusts Act, 1950 issued certificate under Section 43 of the Wakf Act that it is deemed to be registered under the Wakf Act. We have been pointed out a letter dated 12 June 2002 issued by the office of the Charity Commissioner at Nashik stating therein that the registration of the Charity under the Public Trusts Act has been recalled/cancelled. It is common ground before us that this position that the registration of the charity has been cancelled is disputed by Respondent Nos. 2 to 12. However, it is common ground before us that after Respondent Nos. 2 to 12 made application before the Wakf Board for certificate under Section 43 on the footings that the concerned Charity is registered under the Public Trusts Act, the Wakf Board issued certificate dated 4 December 2003 without verifying the correctness or otherwise of the case made by Respondent Nos. 2 to 12 by making a reference to the office of the 3 wp1584.05.sxw ssm Charity Commissioner. In our opinion, the proper procedure would have been for the Wakf Board after receiving application from Respondent Nos. 2 to 12 to contact the office of the Charity Commissioner at Nashik and verify whether the Charity is really registered under the Public Trusts Act or not. As it is clear that without undertaking this exercise the certificate has been issued, in our opinion following order would meet the ends of justice. (a) The certificate dated 4 December 2003 is set aside. (b) The Application submitted by Respondent Nos. 2 to 12 is remitted back to the Wakf Board for de novo inquiry and decision in accordance with law. (c) Rule made absolute accordingly. There shall be no order as to costs. 3 Civil Application No. 91 of 2007 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)