Smt. Sarlabai W/O. Late Shri. Ramkrishna Dhote, Thr. P.O.A. Pushpa Pradeep Dhote And Others v. State Of Maha., Mumbai, Through Its Secretary And Others

1803wp6276.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6276 OF 2015 (Smt. Sarlabai w/o Late Shri Ramkrishna Dhote & Ors. vs. State of Maharashtra & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

MARCH 18, 2016.

Shri A.S. Agrawal, learned counsel for the petitioners, Mrs. A.R. Taiwade, learned AGP for respondent No. 1, F.T. Mirza, learned counsel for respondent No. 2, Shri R.A. Haq, learned counsel for respondent No. 3 and Shri A.A. Naik, learned counsel for the intervenors, state that the grievance of the petitioners stands redressed in view of the judgment in the case of Lal Shah Baba Dargah Trust vs. Magnum Developers & Ors., reported at 2015 (13) Scale 629. A perusal of the said judgment reveals directions to all State Governments to issue notifications constituting three Member Tribunal as per Section 83(4) of the Wakf Act, 1995.

In earlier paras, the Hon'ble Apex Court has clarified that existing Tribunal shall continue with adjudication of old/ pending disputes.

Mrs. Taiwade, learned AGP states that she is still awaiting instructions in the matter.

As the directions issued by the Hon'ble Apex Court are clear, it is apparent that this Court is not required

1803wp6276.15 to issue any directions afresh to the State of Maharashtra. Respondent No. 1 - State of Maharashtra has to abide by the directions issued by the Hon'ble Apex court. The controversy is covered by the above mentioned judgment of the Hon'ble Apex Court.

Writ Petition is accordingly partly allowed and disposed of. However, in the facts and circumstances of the case, there shall be no order as to costs.

JUDGE JUDGE *GS.