Mulani Samaj Masjid Waqf Thr Its President v. The State Of Maharashtra Thr The Dept Of Minority Development And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6303 OF 2023 Mulani Samaj Masjid Waqf Thr Its President ... Petitioner

Versus

The State of Maharashtra And Ors ... Respondents ------ Mr. Sarang S. Aradhye a/w Dnyaneshwar Utpat, Shantanu Gurav for the Petitioner.

Mr. A. P. Vanarase, AGP for the Respondent-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : December 23, 2025.

P. C. :

1.

We have heard learned Counsel for the Petitioner. 2.

Learned AGP requested some time to obtain instructions from the Respondent. However, in view of the order that we propose to pass, it may not be necessary for the learned AGP to take instructions. 3.

The Petitioner seeks a declaration that the Petitioner-Waqf is entitled in law to receive the entire compensation amounting to Rs. Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2025.12.24 14:51:02 +0530 63,51,497/- towards the acquisition of the Petitioner's property, TALLE SHUBHAM ASHOKRAO 1 of

admeasuring 1,700 sq. meters, out of Gat Nos. 2356 to 2361, for the widening of National Highway No. 166, passing through Mangalwedha, District Solapur. The Petitioner also submits that an objection was raised by Respondent No. 4 - Maharashtra State Waqf Board, Aurangabad, before Respondent No. 3 - Competent Authority, Land Acquisition and Sub-Divisional Oicer, Mangalwedha, in respect of disbursement of the compensation amount.

4.

By communication dated 8th March 2022, Respondent No. 3 directed the Petitioner as well as Respondent No. 4 to remain present for hearing on 15th March 2022 at 2:00 p.m.

5.

It is the grievance of the learned Counsel for the Petitioner that Respondent No. 3 has not proceeded with the hearing, though the Petitioner has remained present. Notice dated 8th March 2022 has already been issued by Respondent No. 3, and the matter is pending before the said authority.

6.

We propose to direct Respondent No. 3 to decide the notice dated 8th March 2022 as expeditiously as possible, and in any case, within a period of 16 weeks from the date of communication of this order.

7.

It is open for Respondent No. 3 to issue notice to Respondent No. 4 - Maharashtra State Waqf Board, Aurangabad, asking them to remain present for the hearing, if they have not already appeared. 2 of

8.

The Petitioner undertakes to remain present before Respondent No. 3 on 7th January 2026 at 11:00 a.m.

9.

It is open for Respondent No. 3 to ix the further schedule of the hearing once a copy of this order is placed on record. 10.

Keeping all contentions open, the writ petition is disposed of. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] 3 of