Abdul Hamid Abdul Kadir v. The Chief Executive Officer, Maharashtra State Board Of Wakfs, Panchakki, Aurangabad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 30 OF 2018 WITH CIVIL APPLICATION NO. 4409 OF 2018 ABDUL HAMID ABDUL KADIR

VERSUS

THE CHIEF EXECUTIVE OFFICER AND OTHERS ...

Advocate for the Applicant : Shri P. F. Patni Advocate for Respondent No. 3 : Shri S. S. Kazi Advocate for Respondent No. 4 : Shri Y. M. Khan Advocate for Respondent Nos. 8 and 9 : Shri Mujtaba Gulam Mustafa ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 25th JULY, 2018.

...

PER COURT :

1.

I have heard the submissions of the learned Advocates for the respective sides for some time.

2.

It appears that this Court, by order dated 14/02/2018 has stayed direction No. 3 of the operative portion of the impugned order dated 25/01/2018. A specific direction was issued by this Court in paragraph No. 4, which reads as under :- '' Till the returnable date, there shall be stay on direction

no. 3 of the operative portion of the order dated 25.01.2018. However, it is clarified that even the applicant shall not take any major financial decision on policy matters. Only day to day and routine financial activities can be carried out by the applicant''. 3.

It is informed that the Wakf Application No. 69/2017 is already at the stage of final hearing before the Maharashtra State Wakf Tribunal, Aurangabad.

4.

I am of the view that a hearing in this CRA on the impugned order would practically amount to a detailed hearing on the main application for considering the several issues involved. Rather than embarking upon this exercise, it would be appropriate to direct the Tribunal to decide the pending application within a particular time. 5.

The learned Advocates for the respective sides submit that since they all are practicing at Aurangabad representing all the litigating sides, they would prefer to work out the pending proceedings before the Tribunal at Aurangabad,

considering that the Tribunal's hearings take place at different places all over the State. It is further submitted that the Tribunal will be having its regular sitting at Aurangabad from 13/08/2018 to 26/08/2018.

6.

Considering the above, the learned Tribunal shall prepone the hearing in Wakf Application No. 69/2017 by posting the said matter on 14/08/2018.

7.

The litigating sides agree to work out the said application by advancing final submissions as well as written notes, if they so desire, on the same date and will not seek an adjournment. As such, the Tribunal shall decide the said proceedings within 6 weeks from the date of the conclusion of the final submissions of the learned Advocates for the respective sides.

8.

This CRA is, therefore, disposed of with the above directions and the order of this Court in paragraph No. 4 dated 14/02/2018 shall continue to operate till the pending proceedings are decided or till 21/09/2018, whichever is

earlier.

9.

Liberty is granted to the parties to seek permission from the Tribunal to make the necessary payments of labourers and such vendors or persons who have rendered professional/Labour services to the said trust during the 'Urus'. (RAVINDRA V. GHUGE, J.) shp/-