Bombay High Court
RASHED RASHEED SIDDIQUIversusTHE MAHARASHTRA STATE BOARD OF WAQFS THROUGH ITS CHIEF EXECUTIVE OFFICER
- Disposal
- DISPOSED OFF
Holding
The Board of Waqfs must decide the petitioner's Section 64 application within six months of receipt of the Court's order.
Summary
The petitioner, Rashed Rasheed Siddiqui, filed an application under Section 64 of the Waqf Act on 24 February 2025 before the Maharashtra State Board of Waqfs. The Board failed to decide the application within a reasonable time, prompting the petitioner to file a writ petition in the Bombay High Court, Aurangabad Bench. The Court examined whether the Board's delay violated its statutory duty to decide applications expeditiously. It held that the Board must adjudicate the pending application without undue delay. Accordingly, the Court directed the Board to decide the petitioner's application within six months of receiving a copy of the order, and disposed of the writ petition.
Issues considered
- What is the Board of Waqfs' statutory obligation under Section 64 of the Waqf Act regarding the time frame for deciding applications?
- Whether the delay by the Board justifies issuance of a writ directing expeditious disposal?
Legislation cited
- Waqf Act — s. 64
Subjects
- Waqf
- Section 64
- Statutory duty
- Writ petition
- Expeditious decision
Judgment
2026:BHC-AUG:44037-DB
1 7-WP-10683-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10683 OF 2026
RASHED RASHEED SIDDIQUI
VERSUS
THE MAHARASHTRA STATE BOARD OF WAQFS THROUGH ITS CHIEF
EXECUTIVE OFFICER
...
Mr. Nishat Shaikh, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
. The writ petition is disposed of by directing the
respondent Board to decide the proceedings / application filed by
the petitioner under Section 64 of the Waqf Act, on 24/02/2025, as
expeditiously as possible and in any case within a period of six
months from the date of receipt of copy of this order.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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