← Library
Bombay High CourtFA/3047/2025disposed off

Shreyas Infrastructures A Partnership Firm Through Its Partner Shri Sapan And ANR. v. The State Of Maharashtra Board Of Wakf Panchakki Through Its Chief Executive Officer And ORS.

2026-03-25Hon'Ble Shri Justice Y. G. Khobragade2 pages

2026:BHC-AUG:13150 954fa3047-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 FIRST APPEAL NO. 3047 OF 2025 Shreyas Infrastructures A Partnership Firm Through Its Partner Shri Sapan And Anr.

VERSUS

The State Of Maharashtra Board Of Wakf Panchakki Through Its Chief Executive Officer And Ors.

WITH CIVIL APPLICATION NO. 12388 OF 2025 IN FA/3047/2025 Shreyas Infrastructures A Partnership Firm Through Its Partner Shri Sapan And Anr.

VERSUS

The State Of Maharashtra Board Of Wakf Panchakki Through Its Chief Executive Officer And Ors.

...

Kazi S S, Advocate for Applicants/appellants Mr. S. S. Dande, AGP for Respondents State Mr. N. E. Deshmukh, Advocate for respondent nos.1 &2 Mr. L. S. Shaikh, Advocate for Respondent No.4 CORAM : Y. G. KHOBRAGADE, J.

Dated : 25th March, 2026 PER COURT :- 1.

Heard Mr. Kazi, the learned counsel for the appellants, Mr. Deshmukh, learned counsel for respondent nos. 1 and 2, Mr. Dande, learned AGP for respondent No.3-State and Mr. L. S. Shaikh, learned counsel for respondent No.4.

2.

The present appeal is directed against the communication dated 04.11.2025 bearing Outward No. 947 issued by the Tahsildar, Nanded to the Circle Officer, Vishnupuri.

954fa3047-25 3.

It is the contention of the appellants that they approached the Waqf Tribunal challenging the order dated 28.05.2024 passed by Respondent no.3 Collector, Nanded. On 30.09.2024, the Waqf Tribunal issued notice to the respondents and even after receipt of notice, respondent nos. 1 and 2 failed to appear on the returnable date. However, respondent no. 3 appeared before the Tribunal but did not contest the appeal. When the appellants approached the Waqf Tribunal, on 23.09.2024 the Collector Nanded passed an order about taking forcible possession with the police aid. So also, on 04.11.2025, the Tahsildar Nanded issued impugned communication and directed for taking forcible possession with police aid. Therefore, the appellants filed Contempt Petition No. 878 of 2025 before this Court. In the said contempt proceedings, on 11.11.2025, the Tahsildar, Nanded, withdrew the communication dated 04.11.2025 bearing Outward No. 947, which is the subject matter of the present appeal.

4.

Since the Tahsildar, Nanded, has already withdrawn the communication dated 04.11.2025, nothing survives in the present appeal. Hence, the appeal stands disposed of. 5.

Pending civil applications also stand disposed of. ( Y. G. KHOBRAGADE, J. ) JPChavan