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Civil · Reportable judgment

The State of Maharashtra vs Shaikh Mahemud & Anr.

Court
Supreme Court of India
Date
6 April 2022
Case No.
Civil Appeal No. 2784 of 2022
Result
Allowed
Bench
Hemant Gupta, V. Ramasubramanian
Citation
[2022] 3 S.C.R. 134 : 2022 INSC 395
Supreme Court Reports [2022] 3 S.C.R. 134 : 2022 INSC 395
Headnote

Waqfs – Waqf Act, 1995 – ss. 14 and 15 – Appointment of first respondent as a Member of the Maharashtra State Board of Waqfs, by notification dated 13.09.2019 issued by the Minorities Development Department of the State of Maharashtra, was cancelled by a subsequent notification dated 04.03.2022 – Said cancellation was set aside by the High Court as arbitrary, in a writ petition filed by the first respondent – On appeal, held: For holding that the cancellation of appointment of the first respondent was arbitrary, the High Court did not really have any material – The only reason why the High court held it to be arbitrary is that the order of cancellation of appointment did not contain any reason and that the cancellation went against s.15 –For holding the action of the Executive to be arbitrary, there must be a factual basis – It did not exist in this case.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 1. Leave granted. 2. The appointment of the first respondent herein as a Member of the Maharashtra State Board of Waqfs, by a notification dated 13.09.2019, was cancelled by a subsequent notification dated 04.03.2022, but the said cancellation was set aside by the High Court of Judicature at Bombay as arbitrary, in a writ petition filed by the first respondent, forcing the State of Maharashtra to come up with the above appeal. 3. We have heard Mr. Sachin Patil, learned standing counsel for the State of Maharashtra, Mr. Nishant R. Katneshwa
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