SYED ABDUL QADAR Vs. SAYED ABDUL QUDDUS

JUDGEMENT

(1.) The applicant, who is original Respondent No.1 in Wakf Application No. 32/2012, has challenged the order dtd. 30/7/2016, passed by the Wakf Tribunal in the aforesaid application, whereby the learned Tribunal, by setting aside the order of temporary appointment of present applicant as Mutawalli in Case No. M.S.B.W./Atiyat/139/11, passed by the Chief Executive Officer, Maharashtra State Board of Wakfs, Aurangabad i.e. present Respondent No.2, remanded the matter back to present Respondent No.2 for deciding the application afresh after giving an opportunity of hearing to present Respondent No.1.

(2.) The background facts are as under: One Syed Mahmood and Syed Abdul Quader were the Mutawallis of Wakf Institution namely Masjid Bibi Bulandh Sayadan and Mazar (Grave) at Nanded. Thereafter on 27/10/1983, one of the aforesaid Mutawalli, namely Syed Mahmood was expired. Thereafter, on 31/7/2010, present applicant moved an application before Respondent No.2-authority seeking registration of the aforesaid Institution as Wakf under Sec. 36 of the Wakf Act, 1995 (for short, the 'Wakf Act'). On 4/8/2010, the aforesaid Wakf Institution was registered as Wakf under the orders of Respondent No.2 and Registration Certificate was accordingly issued. On 5/10/2010, present applicant moved an application under Sec. 63 of the Wakf Act before Respondent No.2 for his appointment as Mutawalli. On 24/1/2012, Respondent No.2 temporarily appointed present applicant as Mutawalli of the said Institution. The said order was challenged by present Respondent No.1 before the Wakf Tribunal, in the aforesaid application under the provisions of Sec. 83 (2) of the Wakf Act.

(3.) The learned Tribunal allowed the said application and by setting aside the order of appointment of present applicant as Mutawalli, remanded the matter back to Respondent No.2 for deciding it afresh on its own merits. Hence, this Revision Application.