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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