1 C.R.A.187.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 187 OF 2011 [Kazi Raufuddin SS/o Hasimauddin Vs.The State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.H.I.Pathan,Advocate for applicant. Mr.Vijay A.Dhakne,Advocate for respondent Nos.2, 4 and 5. CORAM : S.S. SHINDE, J. DATE : 24TH AUGUST, 2011 PER COURT : . This Civil Application is filed challenging the order passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad, thereby dismissing the application filed by the applicant herein. Prayer in the said application reads thus. "By allowing this application, the order passed by the Chief Executive Officer Maharashtra State Board of Wakf Aurangabad 2 C.R.A.187.11 on 29.06.2010 be quashed and set aside and oblige." 2. On reading of impugned Judgment and order, in particular para Nos. 14 to 18, it appears that Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad has travelled beyond the pleadings and prayer in the application, which was filed by the applicant. In my opinion, Tribunal should not have travelled beyond the pleadings and prayers in the application and should not have observed something which would cause prejudice to the applicant. However, the fact remains that the Committee was appointed by the Chief Executive Officer for a period of one year, and that period expired in the month of June, 2011. Therefore, the Tribunal found that application has become infructuous. 3. So far as other part of the Judgment and order of the Tribunal is concerned, 3 C.R.A.187.11 same stands confirmed. However, the observations, if any, made by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad in its judgment and order, are beyond the pleadings and prayer in the application should not come in the way of the applicant. Further observations of the Presiding Officer, Maharashtra Wakf Tribunal in respect of the pending proceeding under section 64 of the Wakf Act in the impugned judgment and order is held as unwarranted. 4. It is clarified that no any Forum should rely on such observations. The Wakf Tribunal, before whom the proceeding Under section 64 of the Wakf Act is pending, should not get influenced by the impugned order. With this clarification application stands rejected. Sd/- [S.S. SHINDE, J.] MTK