wp7749.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7749 OF 2009 Haji Mohd. Hafizuddin S/o Haji Mohd. Qamroddin, Mutwalli Iddgah Mujampeth, R/o-Devi Nagar, Degloor Naka, Nanded, Dist-Nanded. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, Department of Revenue, Mantralaya, Mumbai-32 and others. ...RESPONDENTS. ... Smt.U.T. Pathan Advocate for Petitioner. Shri.S.K. Kadam A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATE : 15TH DECEMBER, 2010. PER COURT : 1. Heard learned counsel for the parties. wp7749.09 2 2. The learned counsel submits that by communication dated 2nd July, 2005 the District Wakf Officer, Nanded requested the Collector, Nanded to give possession of the subject land to the Petitioner in the capacity of Mutwalli. However, till today the possession of the subject land is not given to the Petitioner. 3. On behalf of Respondent Nos. 1 to 3, affidavit in reply is filed. In para 2 of the reply, the deponent contends that: " The deponent say and submit that, the above Writ Petition is filed by the Petitioner above named for directions to the Respondent Nos. 2 and 3 herein to decide the issue on its own merit regarding handing over possession of the land in question. In this respect, the deponent say and submit that, wp7749.09 3 the Wakf Officer and Chief Executive Officer, Maharashtra State Wakf Board, Aurangabad had requested to hand over possession of the suit property situated at Mujam Peth, Nanded bearing survey No.18 vide letter/ communication dated 29-4-2005 and 10-11-2005. Hereto annexed and marked as EXHIBIT R-1 collectively are the copies of letters/communication dated 29-4-2005 and 10-11-2005. It is true that the property in question is Atiyat Grant and the provisions of the Atiyat Enquiry Act, 1952 are applicable to this grant and this being Muslim institution to some extent the provisions of Wakf Act, 1995 is applicable to this property. As stated above the said property is basically Atiyat grant and it is under the purview of the Atiyat Court, therefore, the case of handing over possession to the Petitioner is being wp7749.09 4 verified by the Atiyat Court. As per conditions laid down in the Munthkhab there is no atiyat grant last holder, who is having succession granted by the Atiyat Court, hence, possession of the suit property whether can be given to the Petitioner or still same to be continued in Government possession is a matter to be scrutinized and therefore, matter is under scrutiny before the Atiyat Court." 4. Shri. Kadam, learned A.G.P. appearing for Respondents submits that merely on issuance of communication from the officers of the Wakf Board, possession of the land cannot be handed over. Atiyat Enquiry is pending before the authority concerned. 5. As Atiyat Enquiry is still pending in the matter, no interference is called for in exercise wp7749.09 5 of our extra ordinary writ jurisdiction. The learned counsel for the Petitioner submits that Atiyat Enquiry be expedited. We accordingly order, expeditious disposal of the Atiyat Enquiry. All issues are kept open. We do not express any opinion on the merits of the matter. The Writ Petition is disposed of. [SHRIHARI P. DAVARE, J.] [NARESH H. PATIL, J.] asb/DEC10/wp7749.09