FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WRIT PETITION NO. 5358 OF 2011 KAZI MUKHID AHMED ABDUL GANI VERSUS THE MAHARASHTRA STATE WAKF BOARD AND ANR ... Advocate for Petitioner(s) :Shri Dhakne Vijay A. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: July 25, 2011 ... 1. Heard learned counsel for the petitioner. 2. By this Writ Petition, the petitioner is seeking direction to respondent 1 - Maharashtra State Wakf Board to initiate an appropriate action for removal of respondent 2 from the office of Mutawalli of Dargah Hazrath Peer Bale Saheb Balepir, Beed. Section 64 of the Wakf Act, 1995 confers power on the Wakf Board to remove Mutawallis. The petitioner claims that he had made application to respondent 1, on 30.6.2010, seeking an action of removal against respondent 2 under section 64 of the said Act. It appears that even before the application dated 30.6.2010, the petitioner had made an application / representation for similar prayer on 5.1.2006. The petitioner contends that none of these applications, so far, have been considered by respondent 1 - Board. In view thereof, we are satisfied that this Writ petition can be conveniently disposed of by the following order :- (A) Respondent 1 shall consider and decide the petitioner's applications dated 30.6.2010 and 5.1.2006 as expeditiously as possible and preferably within the period of sixteen weeks from the date of receipt of this order. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/5358/2011 (B) If the respondents decide to initiate any action on the basis of the petitioner's representation, they shall grant an opportunity of hearing to the petitioner and respondent 2. (C) While passing this order, it is made clear that we have not examined the merits of the case and/or the allegations made by the petitioner against respondents. 3. The Board shall consider the petitioner's representation on merits in accordance with law. 4. The Writ Petition is accordingly disposed of. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl