Maharashtra State Board Of Waqf Thr Its Chief Ex. Officer v. The State Of Maharashtra And Others

938-WP-8217-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 WRIT PETITION NO. 8217 OF 2025 SHAIKH ISRAR AHMED BASHIR AHMED AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8676 OF 2025 IN WP/8217/2025 MAHARASHTRA STATE BOARD OF WAQF THR ITS CHIEF EX. OFFICER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8677 OF 2025 IN WP/8217/2025 ZOHRA JABIN YAHYABURAHUDDIN AND OTHERS

VERSUS

SHAIKH ISRAR AHMED BASHIR AHMED AND OTHERS WITH CIVIL APPLICATION NO. 8675 OF 2025 IN WP/8217/2025 SHAHNAWAZ KHAN ABDUL REHMAN KHAN

VERSUS

SHAIKH ISRAR AHMED BASHIR AHMED AND OTHERS ....

Mr. D. P. Palodkar, Advocate h/f Mr. S. S. Khoche, Advocate for the Petitioners Mr. S. P. Sonpawale, AGP for Respondent Nos. 1 to 4 Mr. S. S. Tope, Advocate for Respondent Nos. 5 and 6 Mr. N. E. Deshmukh, Advocate for the Applicant in C.A.No.8676/2025 Mr. Mukul Kulkarni, Advocate for the Applicants in CA No.8677/2025

(( 2 )) 938-WP-8217-2025 ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 10.09.2025 PER COURT :- 1.

Heard the learned counsel for the Petitioners, the learned counsel appearing for the interveners in Civil Application Nos. 8676 and 8677 of 2025, as also the learned AGP for the Respondent State Authorities and the learned counsel representing the Respondent Municipal Corporation.

2.

Although a reply affidavit has been filed on behalf of Respondent No.1 i.e. the State of Maharashtra, it is submitted on behalf of the Petitioners that the main issue arising in the present petition has not been addressed in the said reply affidavit. It pertains to change in alignment of the road, the reason for making such change and justification if any. In this backdrop, the learned AGP seeks time to file additional affidavit.

3.

Although the learned counsel for the Petitioners has vehemently opposed the aforesaid intervention applications i.e. Civil Application Nos. 8676 and 8677 of 2025, we are of the opinion that

(( 3 )) 938-WP-8217-2025 the said applicants should be added as party respondents in this Petition to assist this Court in deciding the issues that arise in the present Petition. The presence of the said applicants is found to be necessary and therefore, the Civil Applications deserve to be allowed. Accordingly, Civil Application Nos. 8676 and 8677 of 2025, are allowed. The Applicants therein are directed to be added as party respondents in this Petition. Amendment be carried out within two weeks from today. The newly added respondents are permitted to file their reply affidavits within three weeks from today. Additional affidavit on behalf of Respondent No.1 can also be filed within the said period of time.

4.

Civil Application No.8675 of 2025 shall be taken up for consideration on the next date of hearing.

5.

List on 06.10.2025. To be listed in the same category. 6.

Liberty to mention to the Petitioners in case of urgency. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS