T.V.NALAWADE
Deelip – Appellant
Versus
Maharashtra State Board of Wakfs, Aurangabad through its Chief Executive Officer – Respondent
1. This proceeding is filed under section 83 (9) of Waqf Act, 1995 to challenge the judgment and order of Waqf Tribunal Aurangabad delivered in Waqf Application No. 66/2012. The application filed by present respondent Nos. 4 and 5 under section 83 (2) of Waqf Act, 1995 is allowed by the Tribunal and the transaction of lease made in favour of present revision applicants by the Chief Officer of Waqf Board is declared as being null and void, nonest and it is cancelled. Both the sides are heard.
2. Present respondent Nos. 4 and 5 are the persons interested in waqf, Dargah Hazrat Sayyad Shah Dawood Gung Lashkar Magrabi Aulia, Baijipura, Aurangabad. Property bearing C.T.S. No. 12504 (out of survey No. 33) admeasuring 4593 Sq. Mtrs. belongs to this institution, a religious institution. The respondent Nos. 4 and 5 perform religious rites and worship at the said Dargah and so, they say that they are the persons interested in the waqf.
3. In the proceeding filed before the Waqf Tribunal, they challenged the transaction of lease made by the Chief Officer on 7.12.2011 in favour of present revision applicants. The lease document of the aforesaid property was made for the period of th
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