1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.8/2007. (Syed Liyakat Hussain Vs. The Chief Executive Officer and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL ,J. DATE : 19 th November, 2010. ... 1) Both the counsel called, absent. 2) On 22nd March, 2007, CRA is admitted without any interim relief. 3) The order of temporary Mutawalli dated 24.12.1985 by the Chief Executive Officer, Maharashtra State Wakf Board Aurangabad, was questioned before the learned Presiding Officer in terms of Section 83(2), 65, 64(8) of the Wakf Act, 1995. 4) The learned Presiding Officer of the Wakf Board, Aurangabad found that the letter was issued by the Chief Officer to the applicant(petitioner) to obtain Succession Certificate by letter dated 31.3.2004 (Exhibit-68). This would not appear to be order dated 31.3.2004 passed by the said authority. It being not under the Wakf Act, being a letter, would not attract the provisions of Section 83(2) of the Wakf Act. 2 5) The findings recorded by the learned Judge to this effect cannot be criticized. The appointment of temporary Mutawalli was of 24.12.1985. No proceedings were initiated for such appointment. Consequently, it could not have been decided by the Presiding Officer by invoking provisions referred above of the Wakf Act, 1995, as the Wakf Act came into force effective from 1.1.1996. Both the findings recorded do not call for interference. CRA lacks merit, dismissed with no order as to costs. (K.U.CHANDIWAL) JUDGE bdv/