Mohd Basitali Mohd Sajidali v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:31897-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO.13655 OF 2025 Mohd. Basitali Mohd. Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Ms. S. S. Joshi, AGP for Respondent No.1/State. ...

921 WRIT PETITION NO.13661 OF 2025 Mohd Basitali Mohd Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. S. B. Narwade, AGP for Respondent No.1/State. ...

922 WRIT PETITION NO.13662 OF 2025 Mohd Basitali Mohd. Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondent No.1/State. ...

927 WRIT PETITION NO.13667 OF 2025 Mohd Basitali Mohd Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. S. B. Narwade, AGP for Respondent No.1/State. ...

934 WRIT PETITION NO.13675 OF 2025 Mohd Basitali Mohd Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. R. S. Wani, AGP for Respondent No.1/State. [1]

...

950 WRIT PETITION NO.13704 OF 2025 Mohd. Basitali Mohd. Sajidali

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondent No.1/State. ...

957 WRIT PETITION NO.13715 OF 2025 Mohd. Basitali Mohd. Sajidali

VERSUS

The State Of Maharashtra And Others ...

Mr. G. R. Syed, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondent No.1/State. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 18 NOVEMBER 2025 ORDER :

.

Heard learned Advocate for the petitioners in each case. 2.

The petitioners are challenging the resolution dated 26.02.2025 and consequential order/communication dated 28.03.2025 passed by respondent No.2. According to the petitioners, without giving any opportunity of hearing, the Waqf Board has taken the decision. According to the petitioners, the said decision is in respect of Waqf property and as per Section 40(3) of the Waqf Act, 1995 i.e. earlier Act, an opportunity of hearing ought to have been given to the petitioners when an inquiry is [2]

alleged to have been conducted by the Board.

3.

The learned AGP in the respective matters, after waiving notice for respondent No.1/State in each matter, points out that as per Section 83 of the Waqf Act, the petitioners should approach the Tribunal. 4.

In view of the said situation, the learned Advocate for the petitioners in all the petitions, upon instructions, seeks leave to withdraw the petitions, with liberty to approach the Tribunal under Section 83 of the Waqf Act.

5.

Leave granted. The writ petitions stand disposed of as withdrawn with liberty as prayed.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]