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Judgment
Gurpal Singh Ahluwalia, J
This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:
(i) to issue a writ of mandamus directing the respondents to issue the order of removal of respondent no.2 in consequence of inquiry vide Ann.P/7 and order dated 11.03.2011 of Tribuinal vide Annexure P/8.
(ii) to issue a writ of mandamus directing the respondents to pass order under Section 64 of the Waqf Act against the respondent No.2.
(iii) to issue the writ of mandamus directing the respondent No.2 to submit the entire account of the Waqf from 1999 up to current finance year and share of income determined by the audited accounts.
(iv) to issue the writ of mandamus to direct the respondent No.1 to take the charge of Mutawalli from respondent No.2 and to hand over the same to the petitioner.
(v) to issue the writ of mandamus to direct the respondent No.1 to produce the entire record of the proceedings in respect of the matter involved in the petition and this Hon'ble Court be please to call for the record of the executing court.
(vi) to issue any other writ, order or direction as this Hon'ble Court deems fit.
It is submitted by counsel for petitioner that by order dated 11.04.2008 C.E.O. Waqf Board was appointed as an Inquiry Officer to conduct the inquiry under Section 64(3) of Waqf Act and accordingly, inquiry report, Annexure P/7 was filed pointing out certain illegalities. Since respondent No.2 was not removed from the post of Mutawalli, therefore, petitioner approached State Waqf Tribunal which disposed of the matter by order dated 11.03.2011 passed in Miscellaneous Case No.6/2010. The order passed by State Waqf Tribunal was challenged by petitioner by filing Civil Revision No.262/2011 which was disposed of by order dated 09.04.2013 by which petitioner was granted liberty to approach the Civil Court for execution of order of State Waqf Tribunal. Accordingly, petitioner approached Civil Court, Sohagpur by filing Execution Case No.6/10-13 which was dismissed by order dated 05.12.2014 on the ground that petitioner was not a party to the original proceedings. The said order was challenged by petitioner by filing Civil Revision No.105/2015 and said civil revision was withdrawn by order dated 27.06.2023 with liberty to file writ petition and accordingly, this petition has been filed for reliefs as already mentioned above.
Respondent No.2 has filed his return and has relied upon an order dated 07.05.2013 passed by C.E.O. M.P. Waqf Board, Bhopal according to which respondent No.2 has been appointed as Mutawalli.
Thus, it is clear that during the pendency of first round of litigation a fresh order of appointment of respondent No.2 on the post of Mutawalli has been passed.
Accordingly, counsel for petitioner seeks permissions of this Court to withdraw this petition with liberty to assail the order dated 07.05.2013.
With aforesaid liberty, the petition is dismissed as withdrawn.