S.S.SHINDE
Abdul Qayyum – Appellant
Versus
Additional Collector – Respondent
Rule. Rule made returnable forthwith.
By consent heard finally.
2. This Civil Revision Application is filed challenging the judgment and order dated 2nd February, 2012 in Appeal No. 4 of 2008 passed by the Maharashtra Wakf Tribunal, Aurangabad. It is the case of the revision applicants that, on 22nd September, 2003 the District Wakf Officer, Nanded, wrote a letter to the Chief Executive Officer of Maharashtra State Board of Wakf for inquiry regarding the land Gat Nos. 432 and 443 situate at village Kiwla, Taluka Loha, District Nanded. On the basis of said letter, the Chief Executive Officer issued a notice under Section 51 and 52 of the Wakf Act, 1995 read with Rule 20(3) of Wakf Rules. It is the case of the revision applicants that, the revision applicants did not receive notices and the notices are not served upon them.
On 19th January, 2005 the Chief Executive Officer passed the order under Section 52 (1) of the Wakf Act, 1995. On the basis of order, letter was issued by the District Wakf Officer, Nanded to District Collector (Atiyat) District Nanded for taking possession of land Gat Nos. 432 and 443.
On 25/28th March, 2007 the Additional Collector issued notice/order
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