Bismilla Multipurpose Foundation Thr Its President Sayyed Sharif Sayyed Yusuf v. The State Of Maharashtra And Others

2025:BHC-AUG:22116-DB ( 1 ) 981 wp 10116.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 WRIT PETITION NO. 10116 OF 2025 BISMILLA MULTIPURPOSE FOUNDATION THR ITS PRESIDENT SAYYED SHARIF SAYYED YUSUF

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for the Petitioner : Mr. S.S. Kazi a/w. Kazi Fatema S. GP for Respondents/State : Mr. A.B. Girase .....

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

DATE :

13th August, 2025 P.C. :- 1.

This writ petition has been filed directly to challenge the order dated 09.06.2025 passed by the Respondent No.2 cancelling the minority status certificate of the Petitioner.

2.

The learned AGP points out that there is an alternative remedy available to the Petitioner. In fact, the document on record at Exhibit-O shows that the Petitioner has already approached the Appellate Authority on 26.06.2025.

3.

We find that when the Petitioner has already approached the Appellate Authority, it would not be appropriate to entertain the present petition.

( 2 ) 981 wp 10116.25 4.

The learned counsel for the Petitioner submits that the document at Exhibit-O indeed challenges the impugned order dated 09.06.2025, which happens to be only a one page document and therefore the Petitioner would like to place on record further documents along with additional affidavit so that the Appellate Authority can decide the appeal in a comprehensive manner.

5.

In view of the above, we are not inclined to entertain the present petition and instead dispose of the petition by directing the Appellate Authority i.e. the Respondent No.1 to decide the appeal filed by the Petitioner, preferably within eight weeks from today. The Appellate Authority shall grant an opportunity to the Petitioner to place on record additional affidavit along with the documents to support its appeal. If such additional affidavit along with the documents are filed within two weeks from today, the same shall be taken on on record and the appeal shall be decided on merits. It is made clear that we have not expressed any opinion on the merits of the matter.

[Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.] mub