1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4455 OF 2009 (Jumma Masjid Trust & Ors. vs. Abdul Aziz s/o Mohd. Shah & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 27, 2009. Heard finally Shri Shelat, learned counsel for the petitioners, Shri Khapre, learned counsel for respondents No. 1 to 6 and Shri Mirza, learned counsel for respondent No.10. The petitioners moved application under Section 36 for registering a Public Trust as Wakf and after enquiry the impugned order dated 26.06.2009 has been passed. The order dated 04.04.2008 passed by Respondent No.2 – Wakf Board under Section 36 was set aside by the Maharashtra Wakf Tribunal. By this order, as per order dated 04.04.2008, certificate at Annexure – 1 has been given. According to Shri Shelat, learned counsel, the issue of registration as also extent of Trust property was not open for fresh scrutiny in view of earlier adjudication. He states that Trust was already registered as Public Trust under Bombay Public Trust Act with property having area 10440 square feet in column No.13 in Schedule I of Registration Certificate. 2 Shri Khapre, learned counsel states that as Trust was already registered, authorities have found that there is no question of granting registration under Section 36 and it was a case of deemed registration under Section 43 of Wakf Act, 1995. He states that the respondents have no objection if the Trust is deemed to be registered under Wakf Act in terms of said Section 43 with 10440 square feet property. According to Shri Mirza, learned counsel for respondent No. 10, because the extent of property does not find mention on record, communication by Annexure – 1 dated 04.04.2008 came to be issued. The said communication is prior to the impugned order dated 26.06.2009 passed by Maharashtra Wakf Tribunal. In any case, because of orders of this Court on which the Tribunal has relied, it is apparent that the extent of Wakf property is 10440 square feet. The total area of property was 37241 square feet and it constituted Plot No. 23 of Sheet No. 19A of Paratwada. Out of it 26801 square feet is held to be private property i.e. not belonging to public trust and remaining 10440 square feet is declared to be property of the Trust. In view of this position, which is not in dispute, it is apparent that the said Trust with said property is deemed to be registered under Section 43 of the Wakf Act. From the arguments of Shri Shelat, learned counsel, it appears that his clients have got some 3 grievance about the extent of area of trust property. If there is any such grievance, the petitioners are free to raise it before appropriate forum in accordance with law. With these observations, writ petition is disposed of. No order as to costs. JUDGE *GS.