Khaleel Ahmad Ansari And Others v. The Maharashtra State Board Of Wakaf Thr. The Chairman, Aurangabad And ORS

2023:BHC-NAG:16151-DB 11.wp.7527.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.7527 OF 2023 (Khaleel Ahmad Ansari and ors. Vs. The Maharashtra State Board of Wakaf and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.H. Jamal, Advocate for the petitioners. Mr. F.T. Mirza, Advocate for respondent Nos.3 and 4.

CORAM

: AVINASH G. GHAROTE & URMILA JOSHI-PHALKE , JJ.

DATED : NOVEMBER 06, 2023.

Heard.

2.

So far as prayer clause (A) is concerned, in view of the mandate of Section 83 (9) proviso of the Waqf Act, 1995, Mr. Jamal, learned Counsel for the petitioners does not want to press the prayer as he seeks to challenge the same by way of a revision.

3.

The petition, is therefore, dismissed in so far as prayer clause (A) is concerned with liberty to raise the relief claimed therein, in a revision.

4.

In so far as prayer clause (B) is concerned, Mr. Mirza, learned Counsel for respondent Nos.3 and 4, makes a statement therein that, in pursuance to the election programme published, 7 members have already been elected as on the post by the Election Officer today itself.

5.

Considering that nothing survives in prayer clause (B), as now it would be appropriate for the petitioners to

11.wp.7527.23.odt challenge the election in an appropriate proceeding. 6.

Hence, the reliefs claimed in the petition do not survive. The petition is accordingly dismissed in the above terms.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE ,J.) *Divya