1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8258 OF 2009 Syed Habib Malang Sahab & others ...Petitioners Versus The Chief Executive Officer, Maharashtra Wakf Board, Aurangabad and others ...Respondents ..... Mr. Md. Mustafa Ahmed Momin, advocate for the petitioners Mr. S.A.G. Qureshi, advocate for respondent No.1 and 4. Ms. A.V. Gondhalekar, A.G.P. for respondent No.3. ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 12TH MARCH, 2010 PER COURT:- 1 The grievance brought before this Court is that on account of certain disputes, the petitioners, to show their bonafide and to discharge their obligations, were keen to deposit the amounts payable by them in the Maharashtra State Wakf Tribunal, Aurangabad. However, the Tribunal has declined to accede to that request, principally on the ground that the Tribunal does not have any account with the Government, on account of which the deposit, if made cannot 2 be retained by the Tribunal. 2 To overcome this reason, we thought it appropriate to issue notice to the Office Superintendent of Maharashtra State Wakf Tribunal, Aurangabad. The Superintendent of the Tribunal is present in Court and informs that except the Member of the Tribunal, all staff employed in the Tribunal is on contract basis, therefore, there is no need to have any account of the Tribunal. At the same time, he concedes that the Tribunal has to deal with the day to day management for which it has to incur certain expenditure. Besides, has to collect copying charges, which amount is deposited with the Divisional Commissioner, Aurangabad, who is drawing and disbursing Authority. In the context of this submission, we called upon the Superintendent of the Tribunal to take a decision as to whether the Tribunal would like to open its own account with the Government, which the Government is willing to provide to the Tribunal, as stated by the learned A.G.P. across the bar. 3 We also given him another option that the request of persons such as the petitioners for deposit of rent amount can be accepted and deposited with the account of the Divisional Commissioner, Aurangabad, in the same manner as copying charges. Respondent No.4, however, is not in a position to take the final decision in this regard. In our opinion, it would be appropriate that the Tribunal has its 3 own account so that all receipts and expenses of the Tribunal are operated through the said account. The fact that entire staff of the Tribunal except the Member of the Tribunal is on contract basis, does not mean the expenses to be incurred by the Tribunal towards their salary cannot be made through such account. No provision in that behalf is brought to our notice. 4 In the circumstances, we would think it appropriate to direct respondent No.4 to take steps, as may be necessary to open the account with the State Government by following necessary procedure, which however, shall be done within two weeks from today. If such application is received by the State Government, learned A.G.P. on instructions assures that it will be entertained on priority basis and permanent account number would be released in the name of respondent No.4 Tribunal, within two weeks from the receipt of such application. The above statement is accepted. 5 In view of the above, nothing survives for consideration in the present petition the same is disposed of. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/