Mohammed Mushtaque Ahmed S/O Mohammed Ali Shah v. The State Of Maharashtra And Others

3877.22wp etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 WRIT PETITION NO.3877 OF 2022 RIYAZUDDIN ZAHURODDIN KHATIB

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 10 WRIT PETITION NO.4215 OF 2022 MOHAMMED MUSHTAQUE AHMED S/O MOHAMMED ALI SHAH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr R. H. Mewara, Advocate for petitioners;

Mr S. K. Tambe, A.G.P. for respondent/State Mr N. E. Deshmukh, Advocate for respondent Nos.2 & 3 CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATE : 20th June, 2022 PER COURT:

1.

In both these petitions, the identically placed petitioners have put forth prayer clause (A), which reads as under:- Prayer Clause (A) in Writ Petition No.3877/2022 "A.

To direct the respondent No. 3 to place the application dated 12-11-2018 filed by the petitioner before respondent No.2 in the next meeting and decide the claim of Mutuwalliship pending on the files of Maharashtra State Board of Waqfs within a stipulated

3877.22wp etc (2) time of 4 Months by issuing writ of mandamus or any other order, direction in the like nature."

Prayer Clause (A) in Writ Petition No.4215/2022 "A.

To direct the respondent No. 3 to place the application dated 12-03-2020 filed by the petitioner before respondent No.2 in the next meeting and decide the claim of Mutuwalliship pending on the files of Maharashtra State Board of Waqfs within a stipulated time of 4 Months by issuing writ of mandamus or any other order, direction in the like nature."

2.

The learned Advocate representing respondent Nos.2 and 3 submits that, considering the effect of Section 32(2)(g) of the Waqf Act, 1995, the Waqf Board has to decide the claims for Mutawalliship. Certain documentation, at the end of the petitioner, was required to be done and his instructions are that the same has been completed. The Waqf Board normally meets once in two months.

3.

In view of the above and by the consent of the parties, both these petitions are disposed off, expecting the decision on the claims for Mutawalliship to be decided, on or before 15/10/2022. (ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.) sjk