1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1648 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned counsel for the parties. The petitioner’s case is that the property involved in the matter pertaining to proceedings u/s 54 of the Wakfs Act, 1995, is not at all part and parcel of the Wakf property, but it is his own property. He would submit that the issue regarding encroachment can not be decided without deciding the nature of ownership at the first stage. It would be, therefore, in the interest of justice to direct the authority to proceed with the inquiry only after determining the question of ownership. The learned Chief Executive Officer of 2 Board of Wakf shall, therefore, frame preliminary issue pertaining to objection raised by the petitioner and only after passing speaking order on the issue of ownership in respect of the property – Survey Nos.101 and 102 (Gut Nos.332 and 333), he may further proceed to deal with the application for removal of encroachment. Petition is disposed of. (V. R. KINGAONKAR , J) Dt/- 12.07.2010 ndk/c1271023