Bombay High CourtCP/225/2017disposed offdismissed for default

Shaikh Kadir Shaikh Jamman v. A R Qureshi

2018-06-25Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Arun M. Dhavale2 pages

{1} cp22517.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.225 OF 2017 IN CONTEMPT PETEITION NO.389 OF 2015 IN PUBLIC INTEREST LITIGATION NO.17 OF 2015 Shaikh Kadir Shaikh Jamman Petitioner

Versus

A.R.Qureshi, Chief Executive Officer, Maharashtra State Wakf Board, Aurangabad Respondent Mr.Y.V.Kakde, advocate for petitioner.

Mr.Y.B.Pathan, advocate for the respondent.

Respondent is personally present.

CORAM : R.M.BORDE & A.M.DHAVALE, JJ.

DATE : 25th June, 2018 PER COURT:

The petitioner is making grievance against the Respondent for not taking appropriate action within the time frame directed by this Court under the order dated 02.03.2015. An affidavit-in-reply has been presented by the Respondent-Chief Executive Officer wherein it has been stated that in view of Section 70 of the Waqf Act, 1995, the Waqf Board is invested with the powers to decide the dispute presented by the petitioner. It is further stated that the powers are not delegated under Section 27 of the Waqf Act, 1995, authorizing the Chief Executive Officer to take decision in the matter. It is further informed that the Board meeting was scheduled on 12.06.2017, however, petitioner did not remain present on the date of hearing

{2} cp22517.odt and as such, the matter was adjourned.

Learned Counsel for the petitioner, on instructions, informs that the petitioner would attend the hearing scheduled before the Waqf Board on the next date of hearing. The Waqf Board shall communicate the next date prescribed in the matter to the petitioner well in advance. It would be open for the petitioner to attend the hearing before the Waqf Board on the date prescribed in the matter. The Waqf Board shall proceed to decide the application/complaint lodged by the petitioner in accordance with law. No further orders are necessary in the instant Contempt Petition.

Contempt Petition stands disposed of. Notices issued earlier stands discharged. As per the directions issued by this Court on 11.06.2018, Respondent-Chief Executive Officer is personally present before the Court.

A.M. DHAVALE R.M.BORDE JUDGE JUDGE adb