1 CRA NO.174/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.174 OF 2011 Habibshah Lalshah Inamdar Fakir, Age: 56 years, Occu. Service, r/o. Rahimetpur, Tal.Koregaon, Dist. Satara. ...APPLICANT VERSUS 1. Turabshah @ Babashah Lalshah Inamdar Fakir, Age: 48 years, Occu. Business, R/o Rahimetpur, Tal.Koregaon, Dist. Satara. 2. Chief Executive Officer, Maharashtra State Board of Wakf, Panchakki, Aurangabad. ...RESPONDENTS ... Mr.Prashant R.Nangre, Adv., for the petitioner. Respondent no.1 served. Mr.J.H.Deshmukh, Adv., for respondent no.1. Mr.S.B.Khan, Adv., h/f Mr.M.B.W.Khan, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE :2/12/2011 *** ORAL JUDGMENT: 1. Heard learned Counsel for the revision applicant Habibshah Lalashah Inamdar Fakir. Mr.S.B.Khan, learned Counsel, appears for Shri 2 CRA NO.174/2011 M.B.W.Khan, Adv., for respondent no.2. 2. Two change reports were tendered before the learned Chief Executive Officer, Maharashtra State Board of Wakfs, Panchakki, Aurangabad, concerning two institutions; Dargah Hazrat Chaitan Shah Peer Mira Sayyed Hussaini Sahab, Rahmatpur, Tal.Koregaon (Dist. Satara), PTR No.B-218, and Mira Syed Husaini Jahangir Maa Sahib Godadpeer, Rahimatpur, Koregaon, Satara, PTR No.B-201. 3. The sole Mutawalli Lalshah, for these institutions, was father of Habibshah and also Turabshah, expired on 9th March, 2000. The Wakfs are created by SANAD granted with dedication of property by Adilshah of Vijapur in 1077 of Hijri era. 4. The change report presented was entertained by respondent no.2 – the Executive Officer – in favour of respondent no.1 Turabshah, who is a younger son of Mutawalli ( younger brother of the applicant) on the ground of there being a will dated 28.1.1999 which indeed was subject of challenge in civil proceedings; being RCS No.183/2001, before the learned Civil Judge, Junior Division, Koregaon. 3 CRA NO.174/2011 5. Respondent no.1, before the learned executing officer did not inform that, applicant is his elder brother, and can be considered to be appointed as Mutawalli. It is alleged, based on such misrepresentation, the orders of appointment of Mutawalli for three months was secured on 16th Jan., 2008. 6. Record illustrate, the succession to Mira Syed Husaini Jahangir Maa Sahib Godadpeer, Rahimatpur, Koregaon, Satara at PRT No.B-201 was by way of inheritance, and the services to the Dargah Hazrat Chaitan Shah Peer Mira Sayyed Hussaini Sahab, Rahmatpur, Tal.Koregaon ( Dist.Satara) (PTR No.B-218) was mentor and disciple inheritance (Guru to Chela). Prima facie, appointment of respondent no.1 Turabshah, even as a temporary Mutawalli, could not have activated due to riders/impediments referred herein-before. Still, the learned Chief Executive Officer considered it under the banner of appointing respondent no.1 as a temporary Mutawalli, which had been extended from 2008 till these dates. 7. It is apparent, there are two institutions and the nature of inheritance is also illustrated. This has been lost track by respondent no.2. The consideration of claim of respondent no.1, for a period of initial three months, under the will and having taken charge of the Wakf under Tariqat ceremony held allegedly in presence of several persons, will not dilute the legal position. 4 CRA NO.174/2011 8. Consequently, the appointment of respondent no.1 by order dated 12.2.2009, recorded in File No.42/1992/2007, calls for interference, and also the orders of the learned Presiding officer, Maharashtra Wakf Tribunal, Aurangabad, dated 18.6.2011, under challenge. Though it is informed in paragraph no.22 by the learned Presiding Officer, what the respondent no.2, under delegated powers by the Wakf Board has done is that, he has simply appointed respondent no.1 as a temporary Mutawalli till the rights of the parties and particularly, genuineness of the particular will dated 28.4.2008 allegedly executed in favour of the respondent is adjudicated upon by the competent Court. However, the elongated proceeding has, indeed, marred the legitimate rights of the revision applicant to seek claim in the services of the institution. 9. In the situation, the impugned orders of respondent no.1 and of learned Presiding Officer, in Wakf Application Nos.11/2009 and 12/2009 are set aside. The matter is remanded to respondent no.2 to consider it on its own merits about appointing revision applicant as a temporary Mutawalli, at least for one of the two institutions. 5 CRA NO.174/2011 The parties to appear before respondent No.2 on 15th Dec.,2011, who will, in turn, consider the issue of appointment of temporary Mutawalli within stipulated period of two months. Civil Revision Application partly allowed in above terms. Rule made absolute accordingly. (K.U.CHANDIWAL) JUDGE ... AGP/174-11cra