Dargah Of Hazarat Peer Langotbandh v. The Superintendent (J), And ORS.

Neeta Sawant 903-PIL-122-2005.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 122 OF 2005 ALONGWITH CIVIL APPLICATION NO. 19 OF 2008 Dargah of Hazarat Peer Langotbandh, through its Trustees, Babumiya Mehboob Mujawar & Ors.

.....Petitioners : Versus :

The Superintendent (J), Public Trusts Registration, Sangli and others ....Respondents None for the Petitioners.

Mr. S. D. Vyas, Additional Government Pleader with Mr. M.M. Pabale, AGP for the Respondent Nos. 1 and 3.

Mr. Tooba Momim (through V.C.) i/b Mr. R. M. Momim, for Respondent Nos. 4, 5, 6, 8 and 9.

CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATED :

4 JULY 2025.

P.C. :

1) None for the Petitioners. Mr. S. D. Vyas, Additional Government Pleader appears for the Respondent Nos. 1 to 3-State and Mr. Tooba Momim, the learned counsel appears for Respondent Nos. 4, 5, 6, 8 and 9. In the Public Interest Litigation, the Petitioners, inter-alia, has prayed for the following reliefs :- ______________________________________________________________________________ Page No.

1 of Friday, 4 July 2025

Neeta Sawant 903-PIL-122-2005.docx (a) That, this Hon'ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, preventing the Respondent No.1 from complying, implementing and/or executing said show cause notice dated 26/07/2004 issued to the Petitioners for transferring the entire record and proceedings of Dargah of Hazrat Peer Langotbandh, Ashta,Tal. Walwa, Dist. Sangli to Maharashtra State Board of Wakf at Aurangabad;

(b) ex-parte order passed by Addl. Collector and Chief Executive Officer, Maharashtra State Board of Wakfs, Aurangabad dated 11/1/2005 u/s. 43 of wakf Act declaring Dargah of Hazarat Peer Langotbandh, at Post Ashta, Tal : Walwa, Dist. Sangli as deemed registered under the Waqf Act, 1995 be quashed and set aside and further hearing on Application 20 of 2005 filed in the Court of Chief Executive officer, Maharashtra State Board of Waqf at Aurangabad be stayed;

2) The Bench of this Court by an order dated 5 October 2005 had issued Rule and show cause notice dated 26 July 2004 was stayed. The Writ Petition is pending before this Court for past about 21 years. At this point of time, we are not inclined to examine the validity of show cause notice dated 26 July 2004 on account of efflux of time. The show cause notice dated 26 July 2004 is therefore quashed and set aside. However, liberty is reserved to the Respondents to take fresh action against the Petitioners2, if so advised in accordance with law. With the aforesaid liberty, the PIL is disposed of.

3) With disposal of the PIL, Civil Application No.19/2008 taken out for interim reliefs does not survive. The same stands disposed of. [SANDEEP V. MARNE, J.] [CHIEF JUSTICE] Digitally signed by NEETA SHAILESH SAWANT Date:

2025.07.08 11:10:48 +0530 NEETA SHAILESH SAWANT ______________________________________________________________________________ Page No.

2 of Friday, 4 July 2025