Hajarat Dina Shah Wali Dargah And Masjid Trust Thr Its President v. The State Of Maharashtra And Others

1 wp 3252.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 WRIT PETITION NO.3252 OF 2021 HAJARAT DINA SHAH WALI DARGAH AND MASJID TRUST

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners:

Mr. Kazi S. S. and Mr. Muhammed Ateeque AGP for Respondents/State: Mr. S. G. Karlekar ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 22nd FEBRUARY, 2021 PER COURT:

1.

We have heard Mr. Kazi, learned Counsel for the petitioner.

2.

The change report proceeding has been decided. According to the learned Advocate for the petitioner, the same has been illegally decided. The members of the Board did not get the jurisdiction to take policy decision upon it, as they were already precluded by this Court from taking policy decision under order dated April 5, 2018 in Writ Petition No. 3073 of 2018. As far as the Change Report proceedings are concerned, the

2 wp 3252.2021 orders passed therein are subject matter of change before the tribunal.

3.

As far as the aspect of flouting the orders of this Court are concerned, the petitioner has a remedy on the same; in case the orders are flouted by the respondents.

4.

With the aforesaid observations, writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe