9.wp.7880-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7880 OF 2008 WITH CIVIL APPLICATION NO.263 OF 2009 IN WRIT PETITION NO.7880 OF 2008 Mr.Farid Abdul Latif Noorani. ..Petitioner. Versus Mr.Sayed Sadiq Ali Qadri, The Chief Executive Officer, Maharashtra State Board of Wakfs, Aurangabad, and others. ..Respondents. .... Mr.S.M.A. Kazmi, Sr.Advocate with Ms.Snehal Paranjape, Advocate i/b. Divya Shah & Asso. for the petitioner. Mr.A.A. Kumbhakoni, Sr. advocate i/b. R.M. Momin, Advocate for respondent Nos.1 to 3. Mr.V.S. Gokhale, A.G.P., for respondent No.4. Mr.Rafiq Dada, Sr. Advocate i/b. Ms. Anupama Shah, Advocate for respondent Nos.6 to 8 & 10. Mr.A.Y. Bookwala, Sr. Advocate i/b. Madekar & Co. for respondent No.9. Mr.V.A. Thorat, Sr. Advocate i/b. P.J. Thorat, Advocate for respondent Nos.11 to 13. Mr.Rohit Pawaskar, Advocate for the applicant in Civil Application No.263/2009. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 25TH NOVEMBER, 2009 9.wp.7880-08 2 P.C.:- 1. The petitioner by this Petition challenges a communication dated 13.10.2008 from the Chief Executive Officer of the Maharashtra State Board of Wakfs, Aurangabad as also the Roznama, copy of which is at Exhibit-A3. Perusal of the order dated 13.10.2008 shows that it is in the nature of recommendation made by the Chief Executive Officer to the Wakf Board. Roznama at Exhibit-A3 does not also appear to be a resolution passed by the Wakf Board. 2. In our opinion, therefore, considering the provisions of the Wakf Act, a decision in relation to the validity or otherwise of the transaction which is subject matter of this Petition will have to be taken by the Wakf Board. 3. Shri.Kumbhakoni the learned Counsel appearing for the Wakf Board stated before us that the Wakf Board is willing to consider the entire matter in accordance with law and to pass a resolution. He further stated that the Wakf Board is also willing to consider any written representation that may be made to the Wakf Board by 9.wp.7880-08 3 any of the parties to the Petition. 4. In our opinion, in view of the stand taken by the Wakf Board, this Petition can be disposed of in following terms: [i] The Wakf Board is directed to consider, in accordance with the Wakf Act and the law, the question as to whether the transaction which is subject matter of this Petition is valid and in accordance with law. Accordingly the Wakf Board shall take consequential decision as expeditiously as possible, in any case, within a period of eight weeks from today. The resolution and the decision passed by the Wakf Board shall be communicated to the parties to the Petition. [ii] The Wakf Board shall take into consideration the material placed before the Board as also the written representations that may be made by the parties before the Board. For that purpose, the parties to submit their written representations within a period of two weeks from today. 9.wp.7880-08 4 [iii]For the period, till the Wakf Board takes its decision, the parties shall maintain status quo in relation to the property which is subject matter of this Petition, subject to the condition that within a period of two weeks, the petitioner in this Petition deposits an amount of Rs.20 lacs in this Court with due intimation to respondent No.9. After the Wakf Board decides the matter and communicates its decision, th petitioner shall be permitted to withdraw that amount with accruals if any. It is made clear that if the petitioner fails to deposit the amount within the aforesaid period, the interim order shall automatically stand vacated. [iv]With the above directions, Writ Petition is disposed of. Civil Application is also disposed of. (D.K.DESHMUKH,J) (K.K. TATED,J)