Pundalik Nagorao Malkapure And Others v. State Of Maharashtra Through Chief Secretary And Others

925.WP.617.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.617 OF 2023 PUNDALIK NAGORAO MALKAPURE AND OTHERS

VERSUS

STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Uttam L. Telgaonkar AGP for Respondents: Mr. A.S. Shinde ...

CORAM

: MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 18.01.2023 PER COURT :

Heard.

2.

The petitioners are seeking a declaration that the Government notification in respect of the writ properties issued purportedly under Section 4 of the Waqf Act, 1995 be set aside. 3.

It transpires that in view of provision of Section 6 of Waqf Act already the respondent No.3 has filed a suit before the Waqf Tribunal even two of the petitioners are parties as defendants. No mandamus as is being claimed can be granted more so when the petitioner's right to file a suit under Section 6 is also ex facie time barred. We dispose of the writ petition with liberty to the petitioner to pursue his remedies and defend the suit. (S.G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) habeeb 1/1