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Bombay High CourtWP/1731/2025disposed off

Mohiuddin Ahmed Vaid v. State Of Maharashtra Through Its Principal Secretary Minority Development Department

2025-07-03Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere4 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.08 18:19:07 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1731 OF 2025 Mohiuddin Ahmed Vaid ... Petitioner

Versus

The State of Maharashtra, Through its Principal Secretary Minority Development Department & Ors.

... Respondents Ms. Vidhya N. Shet i/b Vaid Associates for the Petitioner Ms. Uma Palsuledesai, A.G.P for the Respondent No.1-State Ms. Leena Patil for the Respondent Nos.3 and 4 Mr. Milind Shenoy, Deputy Secretary, Minority Development Department, Mantralaya, is present through VC CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

THURSDAY, 3 rd JULY 2025 P.C :

The aforesaid petition was disposed of on 30th April 2025. The said order reads thus :

"1. By this petition, the petitioner seeks a direction to the respondent No1/respondent No.2 to forthwith allow hybrid mode of hearing to the petitioner and others. 1/4

2.

Learned A.G.P, on instructions of Smt.Sunita Madke, Asst. Desk Officer, Minority Development Department, Government of Maharashtra, states that hybrid mode of hearing will be made available for all the parties concerned, within two months from today. Statement accepted.

3.

The officer who is present in Court today, further states that appropriate infrastructure will be made available for hearing parties by way of hybrid mode. 4.

In view of the aforesaid, nothing survives for further consideration in the aforesaid petition. 5.

Petition stands disposed of accordingly.

6.

Stand over to 1st July, 2025, for recording compliance of the order passed today."

The petition was kept on 1st July 2025 for recording compliance of the statement made on behalf of the respondents regarding the commencement of hybrid hearings. Learned counsel for the petitioner today informs us that, despite the earlier statement recorded in para 3 of the order dated 30th April 2025, hybrid hearings have not yet commenced. 2/4

Today, learned A.G.P has tendered an affidavit of Mr. Milind Shenoy, Deputy Secretary, Minorities Development Department, Government of Maharashtra dated 2nd July 2025. However, the affidavit does not contain a clear undertaking as to when the hybrid system would be made operational. It may be noted that on an earlier occasion, one Ms. Sunita Madke had informed the Court that the hybrid system would commence within two months, and this was duly recorded in our earlier order dated 30th April 2025. In fact, the hybrid system was expected to commence by 30th June 2025. Despite this, the system is yet to be operational.

Mr. Milind Shenoy, appearing through video conferencing, now assures and undertakes that the hybrid hearing system will be implemented within four weeks from today. The said statement is accepted.

3/4

Since Mr. Shenoy has now given an assurance and undertaking before us, by way of a last opportunity, we extend the time by four weeks to enable the authorities to ensure that the Waqf Tribunal starts functioning in hybrid mode. Stand over to 1st August 2025. To be listed on the Supplementary Board under the caption `For Recording Compliance' of the undertaking given by Mr. Shenoy regarding the commencement of hybrid hearings.

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

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 4/4