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Bombay High CourtWP/7228/2025disposed off

Abrar Kadil Surme v. The State Of Maharashtra Thr Its Prin. Sec. Minority Development Dept. And ORS

2025-07-02Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7228 OF 2025 Abrar Kadil Surme .....Petitioner Vs.

The State Of Maharashtra Through Its Principle Secretary Minority Development Department & Ors.

.....Respondents Mr. Hamza Lakhani a/w Ms. Afsha Khan i/b Akhlaque Solkar, for the Petitioner.

Mr. Atul Damle, Senior Advocate, with Mr. A. Khan i/b Sandesh Ghanekar, for the Respondent No.2.

Mrs. Tanu N. Bhatia, AGP for the Respondent-State. Ms. Divya Srivastawa, for Respondent No.3.

Ms. Nikita Lad i/b Sag Legal, for the Respondent Nos.4 & 5. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 2nd JULY 2025.

P.C.:- 1.

By this Petition, the Petitioner has impugned the order dated 20th December 2024 (Exhibit A to the Petition). 2.

Learned counsel appearing for the respective Respondents raises two preliminary objections; first, is with respect to the locus of the Petitioner to file the aforesaid Petition or any proceeding before any forum; and, second, availability of an alternate efficacious remedy 1/3

before the Waqf Tribunal.

3.

Learned counsel appearing for the Respondent No.3 informs us that the Respondent No.3 has filed a suit before the Waqf Tribunal bearing Suit No.23 of 2025 in which the Petitioner is the Defendant No.3.

4.

Heard learned counsel for the Petitioner. The Petitioner has raised disputed questions of facts, however, the same cannot be gone into, in writ jurisdiction. In view of same, we are not inclined to entertain this Writ Petition.

5.

Needless to state, that it is open for the Petitioner to approach the appropriate forum, if so permissible, in accordance with law.

6.

We make it clear, that we have not gone into the objection vis-a-vis the locus of the Petitioner to file the aforesaid Petition or any other proceeding and as such, keep all contentions of all the parties on merits, open.

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7.

Petition is accordingly dismissed and disposed of. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.07.09 18:06:09 +0530 SHAMBHAVI NILESH SHIVGAN 3/3