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2009 Supreme(Bom) 939

B.R.GAVAI, N.D.DESHPANDE
Syed Jameel Ahmed s/o. Syed Janimiya – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. S. B. TALEKAR, Advocate for the Petitioner. Mr. S. K. KADAM, AGP, for Respondent No.1. Mr. M.B.W. KHAN, Advocate for the Respondent No.3.
Mr. A. D. SUGDARE, Advocate for the Respondent No.7.
Mr. P. M. SHAH, Senior Counsel for the Respondent Nos.1 and 2.
Mr. M. SHOEB ALAM, Advocate for the Respondent No.6.
Mr. J. R. SHAIKH, Advocate for Respondent Nos.11 to 15 (Intervenors).

B. R. GAVAI, J.:- Though the petition is initially tiled for a writ of Quowarranto and also for a Writ of Mandamus, the learned counsel for the petitioners, on instructions of the petitioners, does not press the petition in so far as the Writ of Quowarranto is concerned and restricts the claim in the present petition only in so far as prayer clauses (C) and (D) are concerned.

2. Facts in nutshell, giving rise to the present petition are as under :-

In exercise of powers conferred by sub-clauses (i) to (iii) of clause (b) and clause (c) of sub-section 1 read with sub-section (3) of Section 14 of the Wakf Act, 1995 (hereinafter referred to as "the said Act" for the sake of brevity) the Maharashtra State Board of Wakf was constituted by the respondent No.1 herein, vide notification dated 4/1/2002.

It appears that on the said Board, Shri. Mohammad Abdul Aziz was appointed as Chairman, one Shri. Dhature Hafiz Hussain, was appointed as member of the State Legislature, One Shri. Harun Aadam Solkar was appointed as a representative of the Bar Council. One Shri. Chand Pasha Inamdar was appointed as a person representing the eminent Muslim Organization. Shri. Janab lbrahimbhai Q Izuddin and



























































































































































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