Bombay High Court
PANACEA VENTURESversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETAR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed with liberty to the petitioner to file appropriate proceedings before the Waqf Tribunal under Section 83 of the Waqf Act, 1995.
Summary
Panacea Ventures filed a writ petition before the Bombay High Court challenging an order affecting its interests. The State of Maharashtra and the Maharashtra Waqf Board contended that the petitioner had a statutory remedy before the Waqf Tribunal. The petitioner, through senior counsel, sought leave to withdraw the writ petition and instead pursue relief under Section 83 of the Waqf Act, 1995 before the Tribunal. The Court accepted this submission, disposed of the writ petition, and granted the petitioner liberty to file the appropriate proceedings before the Waqf Tribunal. It further directed the Tribunal to take up any such application for interim relief within one week of the order.
Issues considered
- Whether the petitioner can withdraw the writ petition and approach the Waqf Tribunal under the statutory remedy provided in the Waqf Act, 1995
- Whether the writ petition is maintainable in view of the existence of a specific statutory remedy
Legislation cited
- Waqf Act, 1995 — s. 83
Subjects
- Waqf
- Statutory remedy
- Waqf Tribunal
- Section 83
- Withdrawal of writ petition
- Interim relief
Judgment
51-WP-12807-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12807 OF 2026
Panacea Ventures ..Petitioner
Versus
The State Of Maharashtra
Thr. The Principal Secretary & Ors …Respondents
Mr. Girish Godbole, Senior Advocate i/by Adv. Umang Mehta, for
the Petitioner.
Mr. Y.D. Patil, AGP, for Respondent-State..
Mr. Rukshin Ghiara a/w Mr. Ishwar Ahuja i/by Saga Legal for
Respondent Nos.2 & 3- Maharashtra Waqf Board & CEO
Waqf Board.
Ms. Chandana Salgaocar i/by Shubhankar Kulkarni for
Digitally
Caveators.
signed by
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
2026.10.01
10:52:57
+0530 CORAM : N. J. JAMADAR, J.
DATE : 28th SEPTEMBER 2026
P.C.:
1. Heard the learned counsel for the parties.
2. The learned Counsel for Respondent Nos.2 and 3 submits
that, the Petitioner has a statutory remedy before the Waqf
Tribunal, against the impugned Order.
3. Mr. Godbole, the learned Senior Advocate for the
Petitioner, on instructions, seeks leave to withdraw the Petition
with liberty to file an appropriate proceeding before the Waqf
Tribunal under Section 83 of the Waqf Act, 1995.
4. In view of the aforesaid submissions, the Petition stands
disposed with liberty to the Petitioner to file an appropriate
proceedings before the Waqf Tribunal.
PRIYANKA 1/2
51-WP-12807-2026.DOC
5. In the event such proceedings are filed, within a period of
one week from today, the Waqf Tribunal is requested to take up
the proceedings and consider the application for interim relief
therein, as expeditiously as possible.
6. The Petitions stand disposed.
[N. J. JAMADAR, J.]
PRIYANKA 2/2
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