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2010 Supreme(Bom) 807

B.P.DHARMADHIKARI, PRASANNA B.VARALE
Qamber Jeevaji s/o. Sk. Hatim Jeevaji – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Z. A. HAQ, Advocate for Petitioners.
Mrs. B. H. DANGRE, Additional Government Pleader for Respondent Nos.1.
Mr. M. G. BHANGDE, Sr. Adv. with Mr. R. M. BHANGDE, Advocate for Respondent No.2.

JUDGMENT:-

This writ petition under Article 226 read with Article 227 of the Constitution of India, is before the Special Bench and in view of orders dated 8/4/2010 and 23/4/2010, it has been heard finally by consent of parties by making Rule returnable forthwith. Prayers in petition are to direct respondent no. 1 State Government to constitute Wakf Board legally as per Section 14 of the Wakf Act, 1995, to declare Board as functioning today to be bad and to restrain Board from performing any duties or functions under Wakf Act till it is validly constituted. Other prayer is to quash notification dated 21/9/2006 published in gazette on 25/9/2006 nominating respondent no.4 Shah Tarique Anwar as member of Board. Consequential interim reliefs are also sought. On 8/4/2010, this Court has permitted respondent no.2 Board to complete the hearing but restrained it from passing any orders in pursuance thereof.

2. 10 petitioners before this Court are Dawoodi Bohras and claim to be "beneficiaries" within meaning of Section 3(a) and "persons interested" as per Section 3(k) of the Wakf Act in relation to a wakf by name Mahdi Bagh Wakf formed by the shia muslims. Respondent no. 1 State Government h



































































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