Yunus Abdul Raheman Mangaonkar v. Alam Ahmed Naikwade And Others

2025:BHC-AUG:21141 910-wp-4928-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4928 OF 2025 Yunus Abdul Raheman Mangaonkar

VERSUS

Alam Ahmed Naikwade And Others ...

Advocate for the Petitioner : Mr. Deshmukh Javed Abdul H. Advocate for Respondent No.1 : Mr. S.C. Bora h/f Mr. Shaikh Mohammad Naseer Advocate for Respondent No.22 : Mr. N.E. Deshmukh (through V.C.) WITH CIVIL APPLICATION NO. 7001 OF 2025 IN WP/4928/2025 ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : AUGUST 07, 2025 PER COURT :- 1.

Present petition takes exception to order dated 28.12.2021 passed by CEO Waqf Board in File No. Inquiry/481/2021 under Section 69 of the Waqf Act, 1995 in respect of the Trust Anjumane Ittehadul Islam situated at Ajra, District Kolhapur. 2.

It is not disputed before this Court that the petitioner has already availed his remedy before the Waqf Tribunal and substantive Appeal No.135 of 2022 is pending.

3.

Mr. Bora, learned advocate appearing for respondent no.1 objects that even such an appeal is not registered. 4.

When the petitioner has already availed alternate efficacious remedy before the Tribunal by filing proceeding in appeal,

910-wp-4928-2025.odt (2) it is for the petitioner to pursue the same. There is no reason to entertain present writ petition. Writ Petition stands disposed of with liberty to prosecute remedy before the Waqf Tribunal. 5.

All contentions are kept open.

6.

Civil Application No.7001 of 2025 stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//