Yasir Mustafa Sayed v. State Of Maharashtra Through The Secretary
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2195 OF 2025 Yasir Mustafa Syed, Trustee and Mutawali of the Islamiya Masjit Trust
...Petitioner
Vs.
Maharashtra Housing and Area Development Authority
...Respondent
ALONGWITH WRIT PETITION NO. 2197 OF 2025 Yasir Mustafa Syed
...Petitioner
Vs.
State of Maharashtra Through the Secretary
...Respondent
***** Mr. Rajeev Cawalho a/w Rishab Murali a/w Miss. Zikra Khan h/f Tooba R. Momin - Advocate for the Petitioner in both petitions Adv. Sonia Santis i/by Adv. Umar Kazi - for the Respondents in WP 6 to 10 in WP 2195 of 2025 and Respondent Nos. 3 to 7 in WP 2197 of 2025.
Ms. Sayali Apte i/by P. G. Lad - for Respondent Nos. 1 to 4 - MHADA in WP 2195 of 2025 Ms. Nikita Lad - For Respondent No. 2 on VC in WP 2197 of 2025 Shri Vikrant Parshurami - AGP in WP 2195 of 2025 Shri Rakesh Pathak- AGP in WP 2197 of 2025.
***** CORAM :
M. S. KARNIK AND S. M. MODAK, JJ.
by SEEMA KSHITIJ YELKAR Date:
2026.04.02 10:46:42 +0530 SEEMA KSHITIJ YELKAR 1/4
DATE :
01st APRIL 2026 P. C. :- WRIT PETITION NO. 2195 OF 2025 1.
The Petitioner is challenging impugned notices dated 10.07.2023 and 17.01.2024 issued by Respondent No. 4 under the provisions of Section 79A of the Maharashtra Housing and Area Development Act, 1976 (in short 'MHADA').
2.
During the pendency of this petition, the law in terms of Section 79A has been clarified in the decisions of this Court in the case of Vimalnath Shelters Private Limited and Ors. Vs. State of Maharashtra1 and in the case of Javed Abdul Rahim Attar and Others Vs. Maharashtra Housing and Area Development Authority and Others, in Writ Petition (L) No. 34771 of 2021, dated 28.07.2025. 3.
The learned counsel Shri Lad appearing for MHADA, fairly submits that MHADA will have to consider the matter in terms of the directions of this Court in the cases of Vimalnath Shelters Private Limited and Ors. (supra) and Javed Abdul Rahim Attar and Others 2025 SCC Online Bom 1109 2/4
(supra).
4.
The impugned notices are therefore required to be kept in abeyance till the inquiry is completed and we accordingly so direct. 5.
Liberty to MHADA to take appropriate action in terms of what is observed in Vimalnath Shelters Private Limited and Ors. (supra) and Javed Abdul Rahim Attar and Others (supra).
6.
In the light of the stand taken by the Respondent, we dispose of the writ petition, with liberty to the Petitioner to approach this Court in the event any order adverse to the interest of the Petitioner is passed by MHADA.
7.
All contentions raised in this petition are kept open. 8.
With the above observations, the Writ Petition is disposed of. WRIT PETITION NO. 2197 OF 2025 9.
We have gone through the averments made in the petition with the assistance of learned counsel.
10.
We have heard learned counsel appearing for MHADA and learned counsel appearing of Respondent No. 2, on instructions, fairly submitted that applications which are mentioned in prayer clause (b) of this petition will be dealt with and appropriate decision will be taken 3/4
within a period of three months from today in accordance with law. 11.
The petition is accordingly disposed of, in view of the stand taken by Respondent No. 2.
12.
All contentions are raised in the petition are kept open. (S. M. MODAK, J.) (M. S. KARNIK, J.) 4/4