IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

Intervene Application No of 2017

Under Section 151 of the Code of Civil Procedure, 1908 Seeking

Permission for INTERVENTION

In the matter of Anjuman Riaz-ul-Islam P.T.R. No. F -3328 (BOM).

And

In the matter of illegal construction in the premises of Anjuman Riazul

Islam High School, by 3 Persons in the month of June, 2017 from illegal
manner

And

In the matter of MCGM Notices under Section 354

1) Ghazi Mohammed Irfan, M.A.,B.Ed., )

General Secretary & Trustee )

Residing at :- 201/ A, Garden Apartment, )

Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043. ) …Intervene
Applicant

Versus

1) Ms. Naeema Qattal Hundekari )

Angel Co-operative Housing Society, )
Dyaneshwar Nagar, D-1, Flat No. 101, )
Wadala - Sion Road, Wadala – Sewri, )
Mumbai – 400031. )

2) Mrs. Nakib Javed Anwar , )

Angel Co-operative Housing Society, )
Dyaneshwar Nagar, D-1, Flat No. 101, )
Wadala - Sion Road, Wadala – Sewri, )
Mumbai – 400031.

3) Mr. Munir Ahmed Abdul Jabbar Azmi )

Imperial Restaurant, Marol Pipe Line, )
Opp. Mukund Nagar, )
Andheri - Kurla Road, Andheri (East), )
Mumbai – 400059. ) ...Respondents

To,
 The Hon’ble Principle Judge,
City Civil Court,
Bombay.

The Applicant Most respectfully submits :

1. That the Applicant Ghazi Mohammed Irfan S/o Abdul Mannan Azmi (M.A.,B.Ed.) as

General Secretary & Trustee of “ANJUMAN RIAZ-UL-ISLAM” (hereinafter

referred to as said trust) which is Public Trust bearing P.T.R. No. F-3328 (Bom.)

registered under the provisions of the Bombay Public Trust, Act, 1950 and Society bearing
Regd. G.B.B.S.D. (Bom.) No. 175 / 74 registered under the provisions of the registration of
Societies Act, 1860, residing at 201/A, Garden Apartment, Grit Complex, Opp. Mahavir
Platinium, G-M Link Road, Chembur (W), Mumbai -400043 have to submits in this
Intervene application those may be urged before Hon’ble City Civil Court alongwith
reasons of as Intervene in this matter made as under:

1. The applicant submits that the father of appellant no.2 late Abdul Mannan Azmi

(M.A.,M.Ed.) was the founder of the abovementioned Public Trust and the

Society and he established Anjuman Riaz-ul-Islam Urdu High School and

three Urdu Primary Schools in Govandi, Mumbai 43 at Slum in

1974-75 and since then they are in existence and carrying on their educational

activities. The father of appellant no.2 was the Hon. General Secretary & Trustee of the

said Society & Trust. The said his late respectable father Abdul Mannan Azmi

(M.A.,M.Ed.) has imparted education and spread it to poor and needy people and also he

was the architect and founder of several educational institutions including this High

School with very hard-work and sincere efforts including his big sacrifice which he made

for the betterment of the community and nation till his last breath i.e. 3rd November

2002. The Municipal Corporation of Greater Mumbai had accepted the noble and loyal

service for 38 years of my late father in Educational field, running activity of the said

Society & Trust in Slum area at Govandi which he had struggle day and night for

imparting and spreading education and has spent whole of his life for the same facing

many difficulties & troubles from 1963 to 2002 and hence the Municipal

Corporation of Greater Mumbai under Government of Maharashtra had

recognized his services and approved his name for the Road to be named as
“PRINCIPAL ABDUL MANNAN AZMI MARG” from Lotus Colony Chowk and leading

to Govandi Railway Station (west) at Govandi, Mumbai–43, in the year 2006 with the

view to perpetuate his Memory as a Great & luminous person. The said Abdul

Mannan Azmi died in Mumbai on 03-11-2002. After the death of the said Abdul

Mannan Azmi, the appellant no.2 was elected as Hon. General Secretary of the said

Society & Trust and since then he has been acting as such i.e. Hon. General Secretary of

the said Society & Trust.

(B) The appellants submits that as per 18th Clause of the Rules & Regulations of the

said “ANJUMAN” Trust and the Society the following are the functions and duties of the

General Secretary which is appellant no.2.

The General Secretary shall have :

A perusal of the said clause clearly shows that the General Secretary plays a vital and

pivotal part in the administration management, functions and discharge of duties. In

other words the General Secretary is the whole and sole of the said Trust and Society.

All aspects of the management and administration of the said Trust and Society are

under his general supervision. Hereto annexed & marked as Exhibit “ A” is a copy of

the Rules & Regulations / Memorandum of the Association of the “ ANJUMAN RIAZ-

UL - ISLAM ” Public Trust, P.T.R. No. F-3328 (Bom) and the Society Regd. G.B.B.S.D.

(Bom) No. 175 / 1974 received from the office of the Charity Commissioner dated 10-06-

2010.

(c) The appellants submits that the appellant no.2 came to know late that taking an

undue advantage of the growing educational activities of the said Trust and Society, the

Treasurer Mr. Nawab Rehmatullah Usmani and the Head Mistress, Ms. Naeema Qattal

Hundekari respectively, who is Respondent no.3 have started acting beyond their

powers. Certain important records and documents including Bank Accounts and its

transactions have been in the personal custody of the said Mr. Nawab Rehmatullah
Usmani and the Head Mistress, Respondent no.3, who is ordinary an employee of the

Institution but she poses herself to be a Chairman & Trustee and sole incharge of the

said Institutions since long time with blind support and necessary help from the

Treasurer Mr. Nawab Rehmatullah Usmani. Several times they forged the signatures of

appellant no.2 on important documents and records and sometime takes the signatures

by suppression and misrepresentation of facts under their different trick and idea.

Appellant no.2 came to know that they are guilty of illegal collection of funds and their

misappropriation belonging to the said Institutions. The said Mr. Nawab Rehmatullah

Usmani is signing the documents and records as Treasurer / Chairman and doing

correspondence with the concerned several departments as such when he has no

authority to do the same. Both persons have suppressed the powers of appellant no.2

who is the Gen. Secretary keep under the thumb by their well cordial relations from each

other in this way that both have usurped sole signing authority with arrogate manner

and damaged the reputation as contemptuous from last so many years. It has become

very necessary for appellant no.2 to be more careful, studious and assertive in

functioning and discharging the duties for appellant no.2 as the General Secretary &

Trustee of the said Institutions. In the meantime it has become necessary for appellant

no.2 to inform about the illegal activities of the said Treasurer and the said Respondent

no.3 and to be more careful while dealing with the affairs of the said Institutions.

1. The Appellants are the registered Trust under the Bombay Public Trusts Act, 1950

and their registered bearing P.T.R. No. F- 3328 (BOM.) and the present Appeal has been

preferred by the General Secretary & Trustee who is the member of the Appellant Trust.

Further states that this Hon’ble Court have the Jurisdiction to entertain the present

Appeal of the appellant no.2.

2. The appellant no.2 submits that the impugned order was passed on

09-12-2010. Hereto annexed and marked as Exhibit “C” is a copy of letter dated 22-

07-2013 of Roznama, different Applications and Affidavits of Respondent no.1 and also

copy of several Notices under 50 A (1) which was sent to the Trustees whose names are
registered on the record of Schedule – I, in Asstt. Charity Commissioner Office through

Office of the Asstt. Charity Commissioner i.e. Respondent no.4. Further hereto annexed

and marked as Exhibit “B” is an Order of Scheme application no. 23 of 2009 alongwith

its Order dated 09-12-2010, to the present Appeal,

5. The appellant no.2 submits that the above wrong intension or malafide intension

which was old of Respondents no.1 & 3 and whom they waiting for this opportunity and

then Respondents no. 1 & 3 took time by the forelock on 07-05-2013 from back &

behind to the appellant no.2 and the same is drafted with the apparent ulterior motive of

their own self interest and grabbed several Orders from the concerned Education

Department – North Zone at Chembur after submitted the file / letter by unauthorized

and illegal Resolutions which had been passed by Respondent no.1 & 3 in view of that

their malicious imputation is so obvious in this act.

6. The appellant no.2 submits that the above ----but appellant no.2 submits necessary

and important factor before this Hon’ble City Civil Court in this Charity application.

7.

8.

9. is falsification and counterfeit and also signature of Respondent no.2 had used under

serial no.4 for just fill in the blanks as safeguard to Respondent no.1 & 3 themselves in

future aspect and, thus included the name of Respondent no.2 in the said Scheme

application no.23 of 2009 as shelter.

11.

12. Hereto annexed and marked as Exhibit “D” is a copy of the letter

dated 14-08-2013.

15. The appellant no.2 submits that the present Respondents are not a Members of

the appellants, except no.2 and the Respondents are not at all concerned with the
activities of the Appellants, the Respondents No. 1 & 3 are also not the beneficiaries of

the appellants but they have filled Application No. 23 of 2009 without following due

procedure of law with the office of the Respondent no.4 under section 50 A (1) under

the Bombay Public Trusts Act, 1950 and also they violated the rules & regulations and

make Affidavit by Respondent no.1 from back & behind the appellant no.2 for the

appointment of Trustees and also challenged the activities of the Appellants and the

Respondent no.4 have admitted the said application No. 23 of 2009 with wrong & fake

Affidavit without applying the Judicious mind, and without considering the facts of the

Case entertained the said application of the Respondents under section 50 A (1) of the

B.P.T Act, 1950 and thus exceeded his Jurisdiction.

16. The appellant no.2 submits that, in view of this defect, it was not open to the Asstt.

Charity Commissioner, Greater Mumbai Region to pass order affecting and depriving the

rights of the trustees whose names are appearing in Schedule I. However, in the instant

case, by virtue of allowing the Application No.23 of 2009 vide order dated 09-12-2010,

the name of persons whose names are appearing in Schedule I, and tomorrow it will get

deleted from Public Trust Register, Schedule I without affording him any opportunity of

being heard which act on the part of the Asstt. Charity Commissioner, Greater Mumbai

Region amounts to an act of illegality and unlawful.

19. The appellant no.2 further submits that the Respondent no. 1 is not the member of

the appellants but represented application No. 23 of 2009 before the Respondent no.4

for appointments of Trustees by Scheme under section 50 A (1) of Bombay Public Trusts

Act, 1950 and also he is filed necessary Affidavit and mentioned as the Member of the

appellants and the Respondent no.4 have agreed for the same without verifying the

facts and records, and allowed the application infavour of the Respondents no.1. The

Respondent no.1 misrepresented and misapplication to the Respondent no.4 and shown

Respondent no.1 and 3 both are the members of the Society / Trust i.e. Appellant no.1.

which is false & fake statement.

20. The appellant no.2 submits that the Respondent no.4 entertained the application

under the wrong provisions of the act and absolutely No due procedure has been

followed at the time of allowing the said application infavour of the Respondents, which

Respondent no.1 have submitted before the Respondent no.4 by vide application No. 23

of 2009 for appointment of Trustees.

21. The appellant no.2 submits that, on this ground the present Respondent no.1 had

no authority or locus to file the Application No. 23 of 2009 by Scheme under section 50

A (1) but still, the Asstt. Charity Commissioner, Greater Mumbai Region had entertained

the application filed by the Respondent no.1 without application of judicious mind.

22. The Respondent no.4 exceeded its Jurisdiction by entertaining the issue of

enrollment of the members which is coming under Jurisdiction of this Hon’ble Appellate

Court as the enrollment of member with the society is clearly a Civil contract and the

same shall be decided before the Hon’ble City Civil Court at Bombay.

23. The Appellant no.2 submits that the Order of the Respondent no.4 which added /

included the name of above Respondents as Trustees in the Anjuman Riaz-ul-Islam

bearing P.T.R. No. F- 3328 and Society bearing Regd. G.B.B.S.D. (BOM.) No. 175 / 74 as

well as the record of Schedule I in the Office of the Asstt. Charity Commissioner, by

order are without following proper due procedure of law by the Assistant Charity

Commissioner.

24. The Appellant no.2 submits that he has taken several objection on the letter of

Respondent no.1 & 3 as such was alleged President and the alleged Chairman of the

said Society & Trust themselves and also issued several Legal Notices to the Respondent

no.1 & 3 by Appellant no.2 for their illegal and wrongful act. As well as the Appellant

no.2 had taken strong objection on the role and duty of Respondent no.1 & 3, the

question is arise that, Why Respondent no.1 & 3 had kept secret or hide the Orders of

Respondent no.4 (Asstt. Charity Commissioner) from Appellant no.2, which he had
passed in Scheme application on 09-12-2010 ? Why Respondent no.1 & 3 had not taken

any meeting before Appellant no.2 from 2010 till this day? Why Respondent no.1 & 3

had not exposing this information and kept in the dark from Appellant no.2 ? Why

Respondent no.1 & 3 haven’t show the copy of application no.23 of 2009 or Orders of

the Respondent no.4 on 09-12-2010 or the copy of the Schedule - I to the Appellant

no.2 in the year 2010 or from 2010 to till this day ? But it has fallen on deaf ears and

was kept quiet since then, and did not reply to the several letters till this day and thus

Respondent no.1 & 3 has admitted the allegations of facts mentioned therein by non-

traverse. As well as Respondent no.1 & 3 was also not replied to the several Legal

Notices and they had accepted the allegations of facts mentioned therein by non-

traverse. The Appellant no.2 craves leave to refer to and rely upon several letters and

different Legal Notices when produced.

It mean Respondent no. 1 & 3 have accepted the allegations of facts mentioned therein

by non-traverse, speaks volumes about the malafide intention and ulterior motive and

Respondent no.1 & 3 are guilty for their part of serious nature for the same.

29. The Appellant no.2 submits that this is nothing but a clear cuts issue of falsification -

counterfeit and illegal activities from back & behind to the Appellant no.2 and other

concerned several departments alongwith several criminal breaches of trust and also

using their undue influences and dictatorial power so, necessary hindrance is must by

Hon’ble City Civil Court of Bombay in this matter.

32. The Appellant no.2 submits that the Respondent no.1 & 3 made their own accord

under greedy intension while Respondent no.1 & 3 have no power or any authority and

have committed guilty for misleading, misguiding, misapplication, misrepresentation,

fraud, falsification, counterfeit, several criminal breaches of trust, dishonest and illegal

activities with Government authorities as well as Appellant no.1 & 2. This is nothing but

a clear cuts proof of wrongdoing activities are continued till this day without hesitation.
33. The Appellant no.2 submits that the reasons recorded by the Asstt. Charity

Commissioner, in his Order cannot be justified by himself.

34. The Appellant no.2 submits that considering from any point of view, there is a total

act of non - application of judicious mind by the Asstt. Charity Commissioner, Greater

Mumbai has arrived at an erroneous conclusion which order is required to be set aside

by passing suitable orders.

the execution and operation of the said order is required to be revoke or cancel

40. The Appellant no.2 submits that since the Society & Trust in question is registered

with the Office of the Asstt. Charity Commissioner, Greater Mumbai Region, this Hon’ble

City Civil Court has jurisdiction to try this Charity Application and the said Charity

Application is filed today. Hence, the Charity Application is well within the limitation.

41. The Appellant no.2 has affixed necessary Court Fee Stamp as provided under the

Bombay Public Trusts Act, 1950 and / or the Hon’ble City Civil Court at Bombay.

42. The Appellant no.2 therefore, craves leave to add, alter, amend, modify, rectify,

substitute and / or delete all or any of the clauses of this Charity Application, if any, and

when necessary.

The Applicant therefore prays that ;

[a] This Appeal may be allowed;

[b] No interim and ad interim reliefs in terms of prayer clause above;

[g] For such further and other reliefs as the nature and Circumstances of
 the case may require.

[h] Such other just and proper order in the interest of the Society &
Trust and Interest of justice;

Dated this 9th day of August, 2017.

Applicant

GHAZI MOHAMMED IRFAN A.M.

GEN. SECRETARY.
IN PERSON

Residing at :- 201/ A, Garden Apartment, )

Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043.

VERIFICATION

I, Ghazi Mohammed Irfan s/o Abdul Mannan Azmi as applicant above

named, resident of Mumbai, Indian Inhabitant, presently at Mumbai, residing

at Mumbai, do hereby state on solemn affirmation that what is in stated are true

to my own knowledge which I believe the same to be true.

Solemnly affirmed at Mumbai )

This 9th day of August, 2017 )

Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY
IN PERSON

Before me,

NOTICE OF MOTION

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

Intervene Application No of 2017

 Under Section 151 of the Code of Civil Procedure, 1908 Seeking
Permission for INTERVENTION

In the matter of Anjuman Riaz-ul-Islam P.T.R. No. F -3328 (BOM).

And

In the matter of illegal construction in the premises of Anjuman Riazul

Islam High School, by 3 Persons in the month of June, 2017 from illegal
manner

And

In the matter of MCGM Notices under Section 354

2) Ghazi Mohammed Irfan, M.A.,B.Ed., )

General Secretary & Trustee )

Residing at :- 201/ A, Garden Apartment, )

Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043. )…Intervene
Applicant

Versus

2) Ms. Naeema Qattal Hundekari )

Angel Co-operative Housing Society, )
Dyaneshwar Nagar, D-1, Flat No. 101, )
Wadala - Sion Road, Wadala – Sewri, )
Mumbai – 400031. )

2) Mrs. Nakib Javed Anwar , )

Angel Co-operative Housing Society, )
Dyaneshwar Nagar, D-1, Flat No. 101, )
Wadala - Sion Road, Wadala – Sewri, )
Mumbai – 400031.

4) Mr. Munir Ahmed Abdul Jabbar Azmi )

Imperial Restaurant, Marol Pipe Line, )
Opp. Mukund Nagar, )
Andheri - Kurla Road, Andheri (East), )
Mumbai – 400059. ) ...Respondents

Hon’ble & Respected Sir,

 The enclosed application in the aforesaid matter is being filed on behalf of
the Intervene Application and is likely to be listed on _____________
August, 2017 or any other dated. Please take notice accordingly,

Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY
IN PERSON

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

INTERVENE APPLICATION No. of 2017

GEN. SECRETARY
Anjuman Riaz - ul - Islam …APPLICANT

V/s.

MS. NAEEMA QATTAL HONDEKARI and others … Respondents

INDEX

Sr. No. Particulars Page No.’s

1. Notice of Motion A to D

2. List of documents (Exhibits) “ b ”

3. Urgent Application “ a ”

4. Intervene application under section 151 of CPC alongwith

supporting Affidavit
 5. Annexure A- Copy of the Hon’ble Charity Commissioner
dated 09-12-2010 31 to 172.

Place: Mumbai.

Date: 9 t h August, 2017

Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY

IN PERSON
Residing at :- 201/ A, Garden Apartment, )
Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043.

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

Intervene Application No. of 2017

GEN. SECRETARY
Anjuman Riaz - ul - Islam …APPLICANT

V/s.

MS. NAEEMA QATTAL HONDEKARI and others … Respondents

The address of the Applicant for the purpose of service as under,

MEMORANDUM OF ADDRESS

Gen. Secretary, Anjuman Riazul Islam,

 APPLICANT

GHAZI MOHAMMED IRFAN A.M.

GEN. SECRETARY
Residing at :- 201/ A, Garden Apartment, )
Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043.

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

Charity Appeal No. of 2013

GEN. SECRETARY
Anjuman Riaz - ul – Islam …Appellants

V/s.

MS. NAEEMA QATTAL HONDEKARI and others … Respondents

LIST OF DOCUMENTS RELIED UPON BY THE APPELLANTS.

L I S T O F D O C U M E N T S

Sr. No. Particulars Exhibits Page No.

1. Copy of Rules & Regulations alongwith Orders of the

Hon’ble Charity Commissioner dated 09-
12-2010 .

2. Copy of 2 Notices by MCGM dated 14-06-2017 &

17-06-2017.
 IN THE BOMBAY CIVIL COURT
AT BOMBAY

INTERVENE APPLICATION NO. OF 2017

IN

GEN. SECRETARY - Anjuman Riazul-Islam… Applicant

V/S.

Ms. Naeema Qattal Hondekari & others…

Respondents

INTERVENE A P P L I C A T I O N

Dated this 9TH day of August, 2017.

APPLICANT

GHAZI MOHAMMED IRFAN A.M.

GEN. SECRETARY

Residing at :- 201/ A, Garden Apartment, )

Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043.
Regarding STAY APPLICATION for illegal Construction in Anjuman Riazul Islam High
School, New Gautam Nagar, Govandi and Asstt. Engineer, M/E Ward who is
providing undue support / favoritism to guilty persons namely, Ms. Naeema Qattal,
Mrs. Nakib Javed Anwar and Mr. Munir Ahmed as well as Asstt. Engineer is delaying
to follow the Order of Asstt.Municipal Commissioner for Demolition of illegal
construction which Order had been passed in 2 P.G. Meetings on 07.07.17 (Friday)
by A.M.C. M/E Ward and on 10.7.17 (Monday) by Dy. Municipal Commissioner, Zone
V but Asstt. Engineer is committing willful disobeyed against order of Asstt.
Municipal Commissioner and D.M.C. Zone V and did not Demolish illegal construction
till this day and Result room has been built completely on 12.07.17 alongwith Chuna
Colouring as per support and delay of Asstt. Engineer (B/F) as pre-decided plan in
his mind for providing safeguard to guilty persons so Investigation is required in
this serious nature of guilty as per BMC Norms under “Code of Conduct” against
Asstt. Engineer M/E Ward and other involved officer/s without further delay.

Ref. 4 ONLINE complaints, Dial 100, 103, BMC Helpline no.1916 and letters
dtd.30.06.17, 10.07.17
and 13.07.17 in this concerned.

Hon’ble & respected Sir,

MAY IT PLEASE YOUR HONOUR

We respectfully submits urge before your goodself that;

We, undersigned Ghazi Mohammed Irfan as General Secretary / Trustees

[Hereinafter referred to as said Trust] would like to inform you with necessary attention

that the Asstt. Municipal Commissioner had passed the ORDER on 07-07-2017 in P.G.

Meeting for DEMOLITION of illegal construction in Anjuman Riazul Islam High School,

New Gautam Nagar, Govandi, Mumbai–43, which is running since 29-06-2017 Day &

Night till 12.00 at Night and in running school period and jammed road traffic by lime

materials which is on road in rainy season, several offences they made in one time from

illegal manner by Ms. Naeema Qattal Hondekari, Mrs. Nakib Javed Anwar and Mr. Munir

Ahmed without taking legal permission from BMC for constructing Room in the school

and did not conducted meeting of management by competent authority person i.e. me as

Gen. Secretary and second ORDER had been passed on 10.7.2017 (Monday) by D.M.C.

Zone V in P.G. Meeting but No action has been taken by Asstt. Engineer, M/E Ward (B/F)

and other relevant Officer till this day, as Ms. Naeema Qattal and her sister Mrs. Nakib

Javed says that in the school on 03-03-2017 during quarrel situation that “We have
given Rs.50,000/- (Fifty Thousand) to officer for ‘Room constructing’ thus they cannot

demolish this room without Police Security ” and support is providing by outsider

person / anti - social element / local neta / politician, and result Asstt. Engineer is not

following ORDER of A.M.C. M/E Ward and D.M.C. Zone V for Demolition such illegal

constructing room and delaying discharge of official duties by Asstt. Engineer (B/F).

(Encl: copy of Deonar Police Station dated 03.03.17)

At the very out set that the Correspondence power has been assigned to Gen.

Secretary - Mr. Ghazi Mohammed Irfan by order of the Hon’ble Charity Commissioner

dated 09-12-2010 under application No. 23 of 2009. The Gen. Secretary - Mr. Ghazi

Mohammed Irfan is only legal entity of the trust and represent to the management

according to CLAUSE 20 (C) of the SCHEME of the Anjuman Riazul Islam Trust and NO

power to any other trustees or office bearers to conduct correspondence with the

concerned authorities on behalf of the management. In other simple words the General

Secretary is the responsible legal signatory of the said Trust to look after

administration. All aspects of the management and administration of the said Trust are

under his general supervision. I herein quotes the same important & mandatory para of

the SCHEME application No.23 of 2009 which highlights under functions and duties of

the General Secretary which as;

Duties of Office bearers :-

“20 (C) GENERAL SECRETARY:- To Administration and supervising to plan and to

achieve the Aims and Objects of the Trust, to prepare or cause to prepare the minutes

of the meetings, to conduct all types of correspondence, he shall maintain Account of

Book etc, He shall also make correspondence with the concerned authorities. He shall

also liaison between trustees of the Board.”

“20 (D) JOINT SECRETARY:- He shall assist Secretary in his work and on absence of

Secretary he shall work as a Secretary.”

As per the legal position stated hereinabove in this support by Scheme of the

Anjuman Riazul Islam Trust clearly shows that the General Secretary plays a vital and
pivotal part in the administration of management, functions and discharge of duties. In

other simple words the General Secretary is the responsible legal signatory of the said

Trust to look after administration and management of the institution. I further state

that he is legal entity of the Trust and represents to the Management according to

CLAUSE 20 (C) of the SCHEME / CONSTITUTION of the Anjuman Riazul Islam Trust, PTR

No. F-3328 and in the Absence of General Secretary the JOINT SECRETARY will Legal

Entity to look after and perform their duties or responsibility as per the Scheme of the

Trust under Clause 20 (D) in the absence of the General Secretary and supporting copy

is of the SCHEDULE - I by the office of the Charity Commissioner at Worli dated 21-04-

2017. (attached copy of the Schedule-I with Bye-Laws)

I further state that the Gen. Secretary – Mr. Ghazi Mohammed Irfan is only one legal

entity of the Trust and represents to the Management according to CLAUSE 20 (C) of the

SCHEME / CONSTITUTION of the Anjuman Riazul Islam Trust, PTR No. F–3328 and in the

absence of GENERAL SECRETARY – Mr. Ghazi Mohammed Irfan the JOINT SECRETARY –

Mrs. Azmi Amina Abdul Mannan will Legal Entity to look after and perform her duties and

responsibility as per the Scheme of the Trust under Clause 20 (D).

It is fact that “Board of Trustees” has conducted the meeting in the school on 05-

06-2015 and removed / expelled Mr. Munir Ahmed as President alongwith his co-

partner, Ms. Naeema Qattal Hondekari as Chairman unanimously from the trust due to

their several illegal and corrupt practices including their anti-trust activities, over all

performance were found unsatisfactory in the meeting by present trustees hence, their

all powers has been seized / forfeited and thereafter Change Report has been submitted

to the Office of the Charity Commissioner at worli which is sub-judice since 2015. But

both persons have started acting beyond their rights and exceeded their power illegally

without authorization out of rule and committing illegal and anti–trust activities with

several breach of trust by misappropriation of the fund and started to act as a holding

authority person of the said trust from illegal styled and support is providing by Mrs.

Nakib Javed Anwar (Headmistress) who is sister of Ms. Naeema Qattal Hondekari (Ex.

Headmistress / Ex. Chairman) and she has became Headmistress of the school by
committing fraud and therefore, the matter is still pending in Education department

since 2013. (Copy attached of Change Report alongwith Public Notice).

It is further fact that the Work of construction in our school is not with Clean Hand

and room is so dangerous / risky which made in just 10-12 days in rainy season by slum

contractor in hurriedly which is not safe and sound and we have no need to increase

room because our strength is same 1650 students as earlier. It is nothing but also their

malafide intension with an ulterior motive for their larger benefits and undue

advantages from this growing educational institutions with the help of some outsider

persons / anti –social elements / local Neta / Politicians who comes in our school from

illegally under secret agreement (Encl: photographs).

Under the Circumstances we are hopeful that appropriate action will be taken at your

end against Ms. Naeema Qattal Hondekari, Mr. Munir Ahmed and Mrs. Nakib

Javed Anwar and therefore we humble prays before your goodself may kindly deserves

to be rejected and dismissed STAY APPLICATION in this required conditions of the

school and may kindly be pleased to issue forthwith order to Demolish illegal

construction of Room in the school alongwith Penalty and save our educational

institution from illegal activities and above guilty persons otherwise wrong message will

spread in the public and society which will irreparable. We further pray before your

goodself may kindly be pleased to issue appropriate order of “Disciplinary Action”

against concern Asstt. Engineer of M/E Ward (Building & Factory) and other involved

Officer (s) / employee (s) according to due process of Govt / BMC Rules / Act under

“Code of Conduct” in the light of above facts for upliftment of natural justice .

We, undersigned Mrs. Azmi Amina A.M. as Founder / Jt. Secretary / Trustees age

72 years - Senior Citizen and Mr. Ghazi Mohammed Irfan as General Secretary /

Trustees [Hereinafter referred to as said Trust] would like to inform you that we have

highly objection on illegal construction in our Anjuman Riazul Islam High School, New

Gautam Nagar, Principal A.M. Azmi Marg, Govandi, Mumbai–43, since 29-06-2017

(Thursday) by Ex. Chairman / Ex. Headmistress, Ms. Naeema Qattal Hondekari without

following due process of law of BMC rules / our permission as per Constitution of the
Trust by competent authority of the management whilst our matter is sub-judice in

Hon’ble Charity Commissioner between 2 groups of trustees since 2013 which is serious

dispute.

It is pertinent to note that “Board of Trustees” has conducted the meeting in the

school on 05-06-2015 and removed / expelled Mr. Munir Ahmed as President

alongwith his co-partner, Ms. Naeema Qattal Hondekari as Chairman

unanimously from the trust and member of the management due to their several illegal

and corrupt practice including their anti-trust activities, over all performance were found

unsatisfactory in the meeting by present trustees hence, their all powers has been

seized / forfeited and thereafter necessary Change Report has been submitted to the

Office of the Charity Commissioner at worli which is sub-judice since 2015 in this

matter. But both persons have started acting beyond their rights and exceeded their

powers illegally without authorization out of rule and administration and made several

anti –trust activities and breach of trust with the institutions and started to act as a

holding authority person of the said trust.

It is further pertinent to note that Mrs. Nakib Javed Anwar (Headmistress) who

is sister of Ms. Naeema Qattal Hondekari (Ex. Headmistress / Ex. Chairman) and she has

became Head Mistress of the school by committing fraud and therefore, the matter is

still pending in Education department since 2013. Ms. Naeema Qattal Hondekari, Ex.

Chairman / Ex. Headmistress comes daily in the school from illegally and shows her

autocrat for minting money and threats to other staff members of the school with the

help of her 6 sisters / relatives and some outsider persons / anti –social elements / local

Neta / Politicians under secret agreement and result school discipline is getting damage

and no value of education in the school.

We further state that my late husband “Mr. Abdul Mannan Azmi (M.A.,M.Ed.)”

has founded this institution in 1974-75. He established Anjuman Riaz-ul-Islam Urdu

High School and three Urdu Primary Schools in Govandi, Mumbai at Slum in 1974-75 and

since then they are in existence and carrying on their educational activities by very

hard-working including his big sacrifice which he made for the betterment of the Society
& Nation till his last breath. The Municipal Corporation of Greater Mumbai had accepted

the noble and loyal service of my late husband in Educational field at Slum Govandi as

he had struggle day and night for imparting and spread education and spent whole life

and also faced many difficulties & troubles by Gondanisym / Hooliganism and therefore,

the Municipal Corporation of Greater Mumbai under Government of Maharashtra had

recognized his services and approved his name for the Road to be named as

“PRINCIPAL ABDUL MANNAN AZMI MARG” from Lotus Colony Chowk and leading to

Govandi Railway Station (west) at Govandi, Mumbai–43, in the year 2006 with the view

to perpetuate his Memory as a Great person. The said Abdul Mannan Azmi died in

Mumbai on 03-11-2002. His whole family has sacrificed for the glory and reputation of

the institution.

We further state that the Work of construction in our school is not with Clean

Hand. It is nothing but also their malafide intension with an ulterior motive for

their larger benefits and undue advantages from our this growing educational

institutions with the help of some outsider persons / anti –social elements / local Neta /

Politicians who comes in our school from illegally under secret agreement and trying to

Contempt of the Court . We are thinking about approached to appropriate court /

forums and before this we will contact to Print Media & mass media / Social Media

against them for their illegal activities as earliest alongwith their supporting outsider

persons / anti –social elements / local Neta / Politicians.