Yunus Jangumiya Saudagar v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10202 OF 2016 Yunus S/o Jangumiya Saudagar Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.A.R.Tapse, advocate for the petitioner.

Mrs.M.A.Deshpande, Addl. G.P. for the State. CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 26.10.2016.

PER COURT :

1.

Heard.

2.

The petitioner is assailing the corrigendum issued on 16.6.2016, showing 24 gunthas land of Dargah Chandanshaha Wali, Masjid and Graveyard. According to the petitioner, the said area ought to be 48 Ares. The learned counsel submits that Writ Petition is already filed by another person challenging the same corrigendum in this Court bearing W.P.No.8425/2016 and the same is pending.

3.

We have heard learned A.G.P. for Respondent No.1. According to learned A.G.P. if any question arises whether a

particular property specified as a Wakf property in the list then the same can be assailed before the Wakf Tribunal U/s 6 read with Section 83 of the Wakf Act.

4.

Whether a particular property is a Wakf property or not or its area has to be assailed before the Wakf Tribunal as laid down U/s 6 read with Section 83 of the Wakf Act and the High Court would not exercise its Writ jurisdiction in respect of the same. 5.

In view of that, the Writ Petition is disposed of with liberty to the petitioner to avail the remedy available in law. 6.

All contentions in that regard are kept open. No costs. (K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.26.10.2016.

asp/office/wp10202.16