Partly allowed

Al Zaid Jabbar Baghwan v. the State of Maharashtra and Others

Bombay HC22 Feb 2019WP/2520/2019

Case brief

AI extract

What is this about?

This writ petition challenged the pendency of an application filed by the petitioner with the Maharashtra State Board of Wakf concerning the election of management for the Pensionwala Masjid. The Court directed the Board to decide the application within 12 weeks.

What did the court decide?

Direction to respondent No. 2 to decide the pending application received on 22.10.2018 not later than 12 weeks.

Al Zaid Jabbar Baghwan Vs the State of… — Pension and Retirement Benefits | Bombay HC (2019)

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wp2520.19

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( 1 )

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.2520 OF 2019

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AL ZAID JABBAR BAGHWAN VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr.Shaikh Kayyum Najir, Advocate for the petitioner.
Mr.S.S. Dande, AGP for respondent/State.
Mr.Y.B.Pathan, Advocate for respondent Nos.2 and 3.

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CORAM : PRASANNA B.VARALE &
S.M.GAVHANE,JJ.
DATED :22.02.2019

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P.C. :-

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1.Heard learned Counsel for the petitioner. Mr.
Y.B.Pathan, learned Counsel appears for respondent Nos. 2
and 3.

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2.At the outset, learned Counsel orally prayed for
amendment to the petition by placing on record photocopy
of application dated 22.10.2018 having stamp and
endorsement. The oral prayer is allowed. The amendment be
carried out forthwith.

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3.As limited grievance is raised in the petition,
the petition is taken up for disposal at the admission
stage. The petitioner submits that he is following Muslim

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religion and regular visitor of Pensionwala Masjid having
registration No. MSBW/PUN/270/2011. It is then submitted
that the last elections of the management were conducted
on 17.10.2010 and in-spite of expiry of term on
16.10.2015, those persons who were elected are still
holding the charge. It is stated that initially five
persons were elected and out of these five persons one
Shri Ahmed Inamdar expired and presently four persons are
holding charge in-spite of expiry of term. Learned
Counsel submitted that necessary documents in respect of
registration etc. are placed on record.

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4.Perusal of the documents placed on record shows
that there was also round of proceeding before the
Assistant Charity Commissioner, Pune. It may not be
necessary for us to refer to the facts in detail.
Suffice to say that the petitioner had approached
respondent No.2 – Maharashtra State Board of Wakf by
submitting an application with a prayer for declaration
of the election for new management of Wakf institution,
namely, Pensionwala Masjid situated at 428, Nana Peth,
Pune. Photocopy of the document shows that the
application is received by the office of respondent no.2
on 22.10.2018. There is also endorsement of the
receiving clerk on the document.

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5.As the grievance of the petitioner is of
pendency of the application for considerable long time,
the petition is disposed of with direction to respondent
No.2 to decide the application received by its office on
22.10.2018 as expeditiously as possible and not later
than 12 weeks from the date of the order of this Court.
We make it clear that this Court has not expressed any
opinion on the merits of the application and the
authority is at liberty to assess the merit of the
representation and to arrive at a conclusion on
assessment of merit of representation.

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[S.M.GAVHANE,J.] [PRASANNA B.VARALE,J.]

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snk/2019/FEB19/wp2520.19

Al Zaid Jabbar Baghwan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Al Zaid Jabbar Baghwan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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