Harjitsingh Indersingh Gurudatta And ANR v. The State Of Maharashtra Thr Gp And ORS

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.06.27 14:04:01 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1439 OF 2025 Harjitsingh Indersingh Gurudatta & Anr. ... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Shekhar Jagtap i/b J. Shekhar & Associates for the Petitioners Mr. S. P. Kamble, A.G.P for the Respondent No.1-State Ms. Rukshin Ghiara a/w Ms. Nikita Lad i/b Saga Legal for the Respondent Nos. 2 and 3 CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

WEDNESDAY, 25 th JUNE 2025 P.C :

In view of the preliminary objection raised by the learned counsel for respondent Nos. 2 and 3, the learned counsel for the petitioners, on instructions, seeks leave to withdraw the petition with liberty to pursue the alternate efficacious remedy i.e. by filing an appeal before the Waqf Tribunal. 1/3

The petition is accordingly disposed of as withdrawn, with liberty as prayed.

Needless to state that, if an application for condonation of delay is filed, the Tribunal shall take into consideration the pendency of this petition before this Court. Even otherwise, the learned counsel for respondent Nos. 2 and 3 states that she would not object to the condonation of delay, if any, in filing the appeal before the Tribunal. Statement accepted.

We make it clear that the petition has not been heard on merits and as such, all contentions of all parties on merits are kept open.

Without going into the merits, the interim relief granted by this Court vide order dated 30th April 2025 to 2/3

continue for a period of four weeks from today to enable the petitioner to file an appropriate appeal before the Tribunal. We also make it clear that it will be open to the Tribunal to consider the continuation of the interim relief on its own merits, in accordance with law.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 3/3