Bombay High CourtWP/3341/2021disposedoff

Hajarat Dina Shah Wali Dargah And Masjid Trust, Thr. Pre., Sattar Khan Mohammad Khan Pathan v. Maharashtra State Board Of Waqfs, Thr. Chief Executive Officer, Aurangabad And Another

2022-04-04Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice M. S. Jawalkar1 pages

38.WP3341.21.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.3341/2021 Hajrat Dina Shah Wali Dargah and Masjid Trust, Deoli through its President-Sattar Khan s/o Mohammad Khan Pathan.

Vs.

The Maharashtra State Board of Waqfs throughitsChief Executive Officer, Aurangabad and another.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri Muhammed Ateeque, Advocate for petitioner. Shri A.M.Quazi, Advocate for respondent no.1. Shri R.R.Srivastava, Advocate for respondent no.2. CORAM :- A.S.CHANDURKAR AND SMT. M.S.JAWALKAR, JJ.

DATE :- APRIL 04, 2022.

P.C.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

Only relief sought by the petitioner in this writ petition is for a direction to be issued to the respondent no.1 to decide the application filed under Section 25 of the Waqf Act, 1995 which has been filed on 07.05.2019. It is stated that though an application for early hearing of those proceedings was preferred on 17.11.2020 and 10.02.2021, the proceedings have not been decided.

Considering the limited nature of relief, the writ petition is disposed of by directing the respondent no.1 to decide the proceedings in accordance with law within a period of 12 weeks from the first date of appearance of the parties before the respondent no.1. For that purpose, the parties shall appear before the respondent no.1 on 25.04.2022. All the points on merits are kept open. The writ petition is disposed of in aforesaid terms. Rule accordingly. No costs. ANDURKAR Personal Assistant 05.04.2022 17:58 (SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.) Andurkar..