Bombay High Court
HAJRAT PEER MALIK REHAN MIRA SAHEB DARGAH, VISHALGAD THR. FARID NAAJIM MUJAWARversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS
- Disposal
- Disposed Off
Holding
The court upheld the earlier permissions for animal slaughter and festival celebrations, subject to the original conditions and additional undertakings on hygiene and cooperation, and disposed the interim application accordingly.
Summary
The petitioner, Hajrat Peer Malik Rehman Dargah, filed an interim application seeking permission to conduct Bakri Eid and Urus celebrations, including the slaughter of sheep, goats and hens, on the grounds that it had complied with earlier court orders. The State of Maharashtra opposed the relief, citing potential law and order problems and submitted affidavits from local officials. The court examined its previous orders dated 14 June 2024 and 3 June 2025, which had allowed such slaughter subject to conditions, and found the petitioner ready to give further undertakings. It reaffirmed the earlier permissions, imposed additional conditions regarding hygiene, waste removal, and cooperation with police and traffic authorities, and ordered compliance with the 2024 conditions. The interim application was disposed with these directions, and the main petition was scheduled for hearing on 8 June 2026 in accordance with a Supreme Court order in SLP No. 18302 of 2025.
Issues considered
- Whether the petitioner is entitled to interim permission to conduct Bakri Eid and Urus celebrations including animal slaughter despite law and order concerns raised by the State.
- Whether the conditions imposed in the earlier orders of 14 June 2024 and 3 June 2025 continue to apply to the 2026 festival.
- Whether additional undertakings regarding hygiene and cooperation with authorities are necessary.
- Effect of the Supreme Court’s direction in SLP No. 18302 of 2025 on the High Court’s interim relief.
Subjects
- Bakri Eid
- Urus
- animal slaughter
- law and order
- interim application
- High Court of Bombay
- Supreme Court direction
- religious festival
- hygiene
- conditions
Judgment
901-IA-622-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 622 OF 2026
IN
WRIT PETITION NO. 7121 OF 2023
Hajrat Peer Malik Rehman … Applicant / Petitioner
Mira Saheb Dargah, Vishalgad,
Through its Chief Trustee
Versus
The State of Maharashtra & Ors. … Respondents
——————
Mr. S.B. Talekar a/w. Mr. Saurabh P. Veer i/b. Talekar & Associates for
the Applicant / Petitioner.
Mrs. Neha Bhide, Government Pleader a/w. Mrs. Shubhangi
Deshmukh, A.G.P. for the Respondent-State.
Mr. Kedar P. Lad for the Respondent Nos.7 & 8.
Officers :- (i) Rajendra S. Savantre, Police Inspector, Shahuwadi Police
Station, Kolhapur, (ii) Ms. Seema Arun Sonavane, Tahsildar,
Shahuwadi, District Kolhapur and (iii) Mr. Uday S. Surve, Assistant
Curator, Kolhapur Museum, Kolhapur, present
——————
Coram : RANJITSINHA RAJA BHONSALE, J.
Date : 28th MAY 2026.
[ VACATION COURT ]
PER COURT :
1. Heard Mr. S.B. Talekar, learned counsel for the Applicant, Mrs. Neha
Bhide, learned Government Pleader for the Respondent – State and Mr. Kedar
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901-IA-622-2026.docx
Lad, learned counsel for the Respondent Nos.7 & 8.
2. Mrs. Neha Bhide, learned Government Pleader submits that due to
Bakri Eid celebrations and activities performed in the Urus of gathering at
Vishalgad, there is possibility that a law and order situation arises. In support
of her submission, she tendered across the bar Affidavits-in-Reply filed by (i)
Ms. Seema Arun Sonavane, Tahsildar, Shahuwadi, District Kolhapur, (ii) Mr.
Rajendra Sadashiv Savantre, Police Inspector, Shahuwadi Police Station,
District Kolhapur, (iii) Mr. Uday Shankar Surve, Assistant Curator, Kolhapur
Museum, Kolhapur. Ms. Seema Arun Sonavane, Tahsildar, Shahuwadi has
also filed an Additional-Affidavit-in-Reply. The same is taken on record. The
learned Government Pleader refering to and relying upon the said Affidavits,
strongly opposed the grant of any reliefs as prayed for in the present Interim
Application.
3. Mr. S. B. Talekar, learned counsel for the Applicant submits that the
Applicant- Dargah has followed all the conditions imposed by earlier orders
dated 14th June 2024 and 3rd June 2025. That, the Applicant through its
Trustees is ready to give undertakings to ensure maintenance of law and
order during the said celebration / activities.
4. Taking into consideration the Order dated 14 th June 2024 (Coram : B.P.
Colabawalla & Firdosh P. Pooniwalla, JJ.) and Order dated 3 rd June 2025
(Coram : Dr. Neela Gokhale & Firdosh P. Pooniwalla, JJ. - Vacation Court)
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passed by this Court in the present Petition, while dealing with the issue in
the present Petition had permitted slaughter of animals (i.e. sheep, goats and
birds – hens only) for the festival of Bakri Eid and Urus in the year 2024. The
said Orders and all conditions imposed therein shall apply during the festival
of Bakri Eid on 28th May 2026 and Urus celebration from 29 th May 2026 to
2nd June 2026. The permission shall be applicable only to the Applicant and
devotees of the Applicant-Dargah.
5. It is made clear that the conditions imposed in the Order dated 14 th
June 2024 shall be applicable for this year also and shall be strictly complied
with. Learned Advocate for the Applicant, on instructions, undertakes to
ensure strict compliance of the conditions imposed in the Order dated 14 th
June 2024. In addition to the said conditions, learned Advocate for the
Applicant, on instructions, submits that, the Applicant shall undertake to
ensure that hygienic conditions are maintained at the said premises i.e. Gat
No. 19 and the premises are cleaned and cleared of all waste materials
including carcasses. The Applicant-Trustees and Authorized representatives
shall undertake to cooperate with the administration and the Police
Authorities to ensure smooth flow of traffic and the maintenance of law and
order.
6. The Interim Application is disposed of in the aforesaid directions.
7. All the concerned to act on an authenticated copy of this Order.
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8. It would be necessary to refer to the Order dated 28 th July 2025 passed
in Special Leave to Appeal No. 18302 of 2025 passed by the Hon’ble Supreme
Court. Para No.2 of the said Order reads as under :
“2. However, taking into consideration the sensitivity of the
matter, we request the High Court that rather than passing interim
orders, it should take up the main petition for hearing and decide it
on its own merits, at least, before the festival next year.”
9. Considering the aforesaid Order passed by the Hon’ble Supreme Court,
list main Petition on 8th June 2026, under the caption ‘For Directions’.
[ RANJITSINHA RAJA BHONSALE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.05.28
11:52:10 +0530
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