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Bombay High CourtWP/1365/2015disposed offdismissed for default

Asad Ali Rajjab Ali v. Mohd. Quasim Waseem Osman

2015-11-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

wp1365.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1365 OF 2015 Asad Ali Rajjab Ali ..PETITIONER

VERSUS

Mohd. Quasim Waseem Osman ..RESPONDENT Mr P.V. Mandlik, Senior Advocate, instructed by Mr Amol Gandhi and Mr P.P. Mandlik, Advocates for petitioner;

Mr Amol Joshi, Advocate holding for Mr Rajendra Deshmukh, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st November, 2015 ORAL ORDER :

The order dated 25th June, 2013, passed by Principal District Judge, Nanded, while deciding an appeal under the provisions of the Bombay Government Premises (Eviction) Act, 1955, is questioned in the present petition.

2.

Principally, the order pertains to remand of the matter to the Chief Executive Officer, Maharashtra State Wakf Board, so as to conduct an inquiry, as is observed in paragraph 17 of the impugned order. 3.

I see no reason to interfere in the matter, however, would like to add that the learned Chief Executive Officer, Maharashtra State Wakf Board, shall also consider and deal with the locus of the person who has initiated

wp1365.15 (2) proceedings against the petitioner, as also maintainability thereof and shall record findings thereon.

4.

With the above observations and directions, writ petition stands disposed of with no order as to costs.

(N.W. SAMBRE, J.) amj