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
- Waqf Act, 1995 — s. 83
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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