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Bombay High Court

GALAAXY PROPERTIESversusTHE STATE OF MAHARASHTRA THR THE PRIN. SEC. MINORITIES DEV. DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The 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

Galaaxy Properties filed a writ petition in the Bombay High Court challenging an order affecting its interests under the Waqf Act. The State of Maharashtra and the Maharashtra Waqf Board argued that the petitioner has a statutory remedy before the Waqf Tribunal. The petitioner sought leave to withdraw the petition and instead pursue relief under Section 83 of the Waqf Act, 1995. The Court accepted the submission that the Waqf Tribunal is the appropriate forum and ordered the petition to be disposed, granting the petitioner liberty to file the appropriate proceedings before the Tribunal. The Court further directed that, if such proceedings are filed, the Tribunal should consider any application for interim relief within one week of the order.

Issues considered

  • Whether the petitioner may withdraw the writ petition and pursue relief under the statutory remedy provided by Section 83 of the Waqf Act, 1995.
  • Whether the High Court has jurisdiction to entertain the writ petition when a specific statutory forum (Waqf Tribunal) exists.

Legislation cited

Subjects

  • Waqf
  • Statutory remedy
  • Section 83
  • Waqf Tribunal
  • Petition withdrawal
  • Interim relief
  • Bombay High Court

Judgment

                                                                     52-WP-12808-2026.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.12808 OF 2026

                       Galaaxy Properties                                         ..Petitioner
                             Versus
                       The State Of Maharashtra
                       Thr. The Prin. Sec. Minorities Dev. Dept. & Ors       …Respondents

                       Mr. R.D. Soni i/by Adv. Tejas Joshi, for the Petitioner.

                       Mr. A.C. Bhadang, 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
                            Caveators.
          Digitally
          signed by
          PRIYANKA
PRIYANKA  MADHAVRAO
MADHAVRAO KALE
KALE      Date:
          2026.10.01
                                                   CORAM : N. J. JAMADAR, J.
          10:52:57
          +0530
                                                   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. Soni, the learned counsel 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
                                             52-WP-12808-2026.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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