M/S Zakariya Masjid And Kabrastan Trust Through Its Chairman Abdul Khayyum Inamdar v. The State Of Maharashtra And Others

2025:BHC-AUG:34163 1 49 WP 4694-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO. 4694 OF 2022 M/S ZAKARIYA MASJID AND KABRASTAN TRUST THROUGH ITS CHAIRMAN ABDUL KHAYYUM INAMDAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. J.M. Murkute - Advocate for Petitioner Mr. R.B. Dhaware - AGP for Respondent No.1, State Mr. N.P. Deshmukh - Advocate for Respondent No.3 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

08.12.2025 PER COURT :

1.

Heard learned Counsel appearing for the respective parties. 2.

The petitioner challenges the letter/order dated 16/11/2021 passed by Chief Executive Officer Wakf Board, Panchakki, Aurangabad. 3.

Learned A.G.P. for respondent No.1, State and learned Counsel for respondent No.3 raise a preliminary objection regarding the maintainability of the present petition and submit that the petitioner has an alternate and efficacious remedy available under the provisions of the Wakf Act, 1995.

4.

In view thereof, the Writ Petition is disposed of, with liberty to the petitioner to initiate appropriate proceedings before the Wakf Tribunal in

2 49 WP 4694-2022.odt accordance with law.

5.

The delay caused in prosecuting the present petition shall be taken into consideration by the Wakf Tribunal while deciding the application for condonation of delay.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/