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Bombay High Court

CUTCHI MEMON JAMAT AND JAMA MASJID WAKF PUNE THRU TRUSTEESversusTHE MAHARASHTRA STATE BOARD OF WAQFS THRU OFFICER AND ORS

Decided
Disposal
Dismissed

Holding

The writ petition was dismissed as there was no remaining relief, and the petitioner was directed to file a fresh proceeding if aggrieved.

Summary

The Cutchi Memon Jamat & Jama Masjid Wakf, Pune filed a writ petition challenging the Maharashtra State Board of Waqfs' decision regarding their claim. The respondents argued that the claim had already been adjudicated by the appropriate authority and that any further grievance must be pursued through a fresh proceeding. The Court examined the submissions and found that the petitioner had no remaining relief in the present petition. Consequently, the Court disposed of the writ petition, directing the petitioner to approach the appropriate forum for a fresh suit if aggrieved. All contentions were kept open for any future proceedings.

Issues considered

  • Whether the writ petition is maintainable when the claim has already been decided by the respondent authority
  • Whether the petitioner must institute a fresh proceeding for any further relief

Subjects

  • Waqf
  • Writ Petition
  • Prior Decision
  • Fresh Proceeding
  • High Court

Judgment

                                                                                  (19)-WP-10248-26.doc

   PANCHAL

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                      WRIT PETITION NO. 10248 OF 2026
PANCHAL   Date:
          2026.09.18
          10:15:44
          +0530


                       Cutchi Memon Jamat & Jama
                       Masjid Wakf, Pune                                ...Petitioner
                            Versus
                       The Maharashtra State Board of
                       Waqfs & Ors.                                     ...Respondents
                                                           ...
                       Ms. Rukshin Ghirase a/w Mr. Ishwar Ahuja i/by Saga Legal,
                       for the Petitioner.
                       Mr. Sanjeev M. Gorwadkar, Senior Advocate i/by Ms. Sana Y.
                       Baugwale a/w Mr. Mohiyuddin Y. Baugwale, for Respondent
                       Nos.1 & 2.
                                                           ...

                                       CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                               ADVAIT M. SETHNA, J.

                                         DATE : 17th SEPTEMBER, 2026.

                       P.C.:
                       1.           Learned Counsel for the contesting Respondent
                       Nos.1 and 2 on instructions submits that on the basis of
                       Exhibits, the claim of the Petitioner has already been decided
                       by the Respondent Authority. In the event, the Petitioner is
                       still    aggrieved,   it   may   institute   a   fresh   proceeding        in
                       accordance with law.



                       2.           In view of the above, nothing remains in the instant
                       Petition.




                                                            1
                                                 (19)-WP-10248-26.doc


3.      Accordingly, Writ Petition is Disposed Of.



4.      All contentions are kept open.




[ADVAIT M. SETHNA, J.]                    [CHIEF JUSTICE]




                             2


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