MANISH PITALE, J. - (1.) After hearing the learned counsel for the rival parties for sometime and upon perusal of the impugned orders passed by respondent No.2-Chief Executive Officer and the Tribunal constituted under the Wakf Act, 1995, this Court is of the opinion that respondent No.1-Maharashtra State Board of Wakf needs to take appropriate steps in terms of the powers and functions available to it under the provisions of the said Act.
(2.) Although an affidavit in the form of submission has been placed on record on behalf of respondent No.1-Board, this Court is not satisfied that appropriate action has been taken by respondent No.1 to find a solution to the controversy in which the present Wakf namely Hazrat Sakhipeer Baba Trust is engulfed.
(3.) Perusal of the impugned order dated 06/09/2016 passed by respondent No.2-Chief Executive Officer shows that the first clause therein has suspended the order dated 20/12/2011, whereby a scheme was framed concerning the said Wakf, under which the petitioners claimed to be in-charge of the same. The clause specifically states that the order framing the scheme is suspended till further order and the entire matter is being placed before respondent No.1. Clause-2 of the said order dated 06/09/2016 suspended non-applicant Nos.2 to 7 and in their place temporarily a committee was appointed with seven persons as members. It is relevant that petitioner No.1 herein was not disturbed by the said order passed by respondent No.2.;