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2021 Supreme(Bom) 254

R.G.AVACHAT
Liyakat s/o Kasam Mulla – Appellant
Versus
Maharashtra State Board of Waqf – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Y.B. Pathan, Advocate
For the Respondent:Shri N.E. Deshmukh, Shri Pravin Mandlik, Shri P.P. Mandlik, Advocate

JUDGMENT :

Rule. Rule made returnable forthwith and taken up for final hearing with the consent of learned counsel for the parties.

2. The challenge in this revision application is to the order passed by the Chief Executive Officer (C.E.O.), Maharashtra State Waqf Board, Aurangabad on 21/10/2009 and affirmed by the Waqf Tribunal vide its judgment and order dated 10/5/2018, passed in Waqf Application No.78/2009. The C.E.O., Waqf Board granted the application filed by the respondent No.2 for removal of encroachment made by the applicants herein on the land Survey No.306, situated at village Rahamatpur, Taluka Koregaon, District Satara since the said land has been held to be the property of the Waqf - Chaitanshah Peer Mira Shaha Sayyed Hussaini. The said order has been affirmed by the Waqf Tribunal. The applicants are, therefore, before this Court.

3. Heard Mr. Yunus Basheer Pathan, learned counsel for the applicants, Mr. N.E. Deshmukh, learned counsel for respondent No.1 and Mr. P.V. Mandlik, learned Senior Counsel for respondent No.2.

The learned counsel for the applicants would submit that, the father of the respondent No.2 had filed an application to the Assistant Charity Commissioner

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