The Chiragali Kabrastan Trust Through Its Member Mohammed Ishq Abdul Sattar Khadke v. The Maharashtra State Board Of Waqf Through Its Secretary/Chief Executive Officer And Others

1 ca 4773.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4773 OF 2023 IN WRIT PETITION NO. 5525 OF 2022 The Chiragali Kabrastan Trust Through its Member Mohammad Ishq Abdul Sattar Khadke .. Applicant

Versus

The Maharashtra State Board of Waqf through its Secretary/Chief Executive Officer and others .. Respondents Shri Hamzakhan I. Pathan, Advocate for the Applicant. Shri Amol Chalak, Advocate h/f Shri N. E. Deshmukh, Advocate for the Respondent Nos. 1 and 2.

CORAM :

NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE :

10TH APRIL, 2023.

FINAL ORDER :

.

This is an application for condonation of delay of 226 days in filing application and for setting aside order dated 17.06.2022 thereby dismissing the writ petition.

2.

Prayer made by the applicant is opposed by the learned counsel for the respondent Nos. 1 and 2.

3.

For the reasons disclosed in the application and in view of undertaking given by the applicant that the office objections

2 ca 4773.23 shall be removed within a period of two (02) weeks from today and subject to payment of cost of Rs. 2,000/- (Rs. Two thousands only) to the High Court Bar Library within a period of two (02) weeks from today, the civil application is allowed. The delay is condoned. The writ petition is restored to its original file. The civil application is disposed of.

4.

It is made clear that if the order is not complied within the time stipulated, the order dismissing the petition shall be restored.

[ S. G. CHAPALGAONKAR, J.] [NITIN W. SAMBRE , J.] bsb/April 23