The Chief Officer Municipal Council Deulgaon Raja v. Madarshas Takiya Through Is Mutawali Mazhar Shah Anwar Shah And Another

77-wp-7232-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7232 OF 2023 THE CHIEF OFFICER MUNICIPAL COUNCIL DEULGAON RAJA

VERSUS

MADARSHAS TAKIYA THROUGH IS MUTAWALI MAZHAR SHAH ANWAR SHAH AND ANOTHER ....

Mr. A. S. Bayas, Advocate for Petitioner ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:04.07.2023 PER COURT :- 1.

The petitioner prays that Waqf Suit No. 9/2017 before the Maharashtra State Waqf Tribunal, be decided within three months.

2.

Earlier the Petitioner was before this Court in Writ Petition No.2122/2020. By order dated 04.02.2020, this Court recorded that the pendency of the matters before the Waqf Tribunal are not known to the Court and hence, it was only mentioned that the suit be decided expeditiously.

(( 2 )) 77-wp-7232-2023 3.

Merely because a litigant comes to the High Court and prays for an out of turn hearing, does not mean that the High Court should pass such order, when people are in queue having filed their proceedings prior to the date of lodging of proceedings by the petitioner. Granting such relief amounts to injustice to those who are in queue prior to the petitioner's lodging of the suit. 4.

In view of the above, this petition is disposed off. 5.

We expect the Tribunal to decide the pending suit expeditiously and in queue considering the date of filing of the suit. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS