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Bombay High CourtWP/12717/2016disposed offdismissed for default

Akbari Masjid Through Its President Akhtar Ali Roshan Ali v. The State Of Maharashtra And Others

2016-12-23Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice R. M. Borde2 pages

{1} wp12717.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12717 OF 2016 Akbari Masjid Petitioner

Versus

The State of Maharashtra & others Respondents Mr.P.B.Pawar, advocate for the petitioner Mr.A.S.Shinde, A.G.P. for Respondents No.1 to 3. WITH WRIT PETITION NO.12718 OF 2016 Noor E Madina Masjid Petitioner

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The State of Maharashtra & others Respondents Mr.P.B.Pawar, advocate for the petitioner Mr.K.D.Mundhe, A.G.P. for Respondents No.1 to 3. WITH WRIT PETITION NO.12719 OF 2016 Umar Faruk Masjid Petitioner

Versus

The State of Maharashtra & others Respondents Mr.P.B.Pawar, advocate for the petitioner Mr.S.J.Salgare, A.G.P. for Respondents No.1 to 3. CORAM : R.M.BORDE & SANGITRAO S. PATIL, JJ.

DATE : 23rd December, 2016 PER COURT:

{2} wp12717.16.odt Heard.

Admittedly, the religious structures have been declared as illegal. According to the petitioners, proposals are moved before the State Government for regularisation of the structures and same are pending. The petitioner claims protection under the Government Resolution dated 05.05.2011 issued by the Home Department, Government of Maharashtra, Mantralaya, Mumbai. The said Government Resolution contemplates regularisation of the religious structures constructed prior to 29.09.2009 on satisfaction of certain preconditions. It is the contention of the petitioners that although proposals are moved, the State Government has not taken any decision.

It would be open for the petitioners to move the State Government for appropriate decision on the said proposals in respect of regularisation of the structure, allegedly raised. The State Government is directed to take decision on the proposal forwarded by the Municipal Commissioner in accordance with policy framed by the Government as well as on consideration of merits of proposal, as expeditiously as possible, preferably before 31.12.2016.

Writ Petitions stand disposed of.

(SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE adb/wp12717.16