1 unreported IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4774 OF 1997. 1. Habib Mujtaba Bin Jaffar, Alladrus Mutuwalli, Dargha Hajrat Makasawalli, Gadipura, Nanded through G.P.A.Kalimullakhan, Dargha Makashawalli, Gadipura, Nanded. ... Petitioner. Versus 1. State of Maharashtra. 2. Minister for Walf, Sabershaikh,Mantralaya, Bombay-32. 3. Secretary, Marathwada Wakf Board, Panchakki,Aurangabad. 4. Wakf Officer, Nanded. 5. Ahmed Hamimuddin Khalil, Mutuwalli, Nanded. ... Respondents. ... Mr.Mohd.Mustafa Ahmed Momin, advocate for the petitioners Mr.K.B.Choudhari, Additional Govt. Pleader for the State. Mr.S.S.Kazi, advocate holding for Mr.K.G.Khader, advocate for Respondent Nos.3 and 5. 2 CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 05.07.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. The petitioner herein was appointed as temporary Mutawalli for a period of one year. Thereafter, on 22.2.1988, the petitioner was appointed as temporary Mutawalli of the Dargah Hajrat Makasawalli, until further orders. 2. Initially Mohd.Taher was Mutawalli of the said Dargah. He died on 6.6.1983. After his death, the supervision of the said institution was taken over by the erstwhile Marathwada Wakf Board and thereafter in the year 1987, the present petitioner was appointed as a temporary Mutawalli. 3. The Wakf Board received some complaints against the petitioner and his Power of Attorney holder and as such an inquiry was conducted. The inquiry report was placed before the Board and the Wakf Board by its Resolution dated 21.8.1992, 3 cancelled the appointment of the present petitioner as Mutawalli. 4. The present petitioner challenged the said order before the Hon'ble Minister, who initially stayed the order passed by the Wakf Board. Thereafter, by its judgment and order dated 19.8.1997, dismissed the appeal filed by the present petitioner. The said order is assailed by the petitioner before this Court. 5. Mr.Mustafa, learned counsel for the petitioner submitted that the Board has not followed the mandatory provisions of Section 43 of the Wakf Act, 1954 inasmuch as no proper inquiry was conducted and the Resolution was not passed by 2/3rd majority of the members of the Board. According to him, the present petitioner had done laudable work and it was the then Mutawalli Mohd. Taher, who had engaged in mis- management and caused loss to the property of the institution. 6. On perusal of the order of Hon'ble 4 Minister, it is clear that the inquiry was conducted and the Resolution came to be passed by the Wakf Board. In the inquiry it was noticed that the present petitioner is not residing at Nanded and his Power of Attorney Holder is engaged in activities which are detrimental to the interest of the institution. The petitioner has not deposited the wakf fund. The G.P.A. of petitioner has removed the servants of the institution. Even the G.P.A. holder of the present petitioner had stated in the inquiry that the petitioner visits Nanded 2/3 times in a month only whereas the local residents have stated that petitioner visits the institution only twice in a year. As such he is not residing there and looking after the day today affairs of the said institution. 7. There are concurrent findings of the authorities below. This Court in its extraordinary jurisdiction would not sit as a Court of appeal. The provisions of law have been followed. The findings of the inquiry can not be subject matter of judicial review unless the 5 findings are so perverse that it is against the record. Nothing of that sort is brought to our notice. 8. The Wakf Board is concerned with the supervision and protection of the Wakf property. It has taken the decision to remove the petitioner by following due procedure of law and of taking over the control of the said institution. The said decision is taken in the interest of the Wakf institution. 9. In light of the above, we do not find any merit in the petition. The petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp477497 6