Bombay High Court
TAHER RAZZAK SAYYAD AND ANRversusTHE STATE OF MAHARASHTRA THR THE PRIN. SEC. MINORITIES DEV. DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the writ petition and directed the petitioners to seek relief before the Waqf Tribunal under Section 83 of the Waqf Act, 1995.
Summary
The petitioners, Taher Razzak Sayyad & Anr, filed a writ petition in the Bombay High Court challenging an order affecting their interests under the Waqf regime. The respondents, including the State of Maharashtra and the Maharashtra Waqf Board, contended that the petitioners possessed a statutory remedy before the Waqf Tribunal. The petitioner's counsel sought permission 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, ordered the petition to be disposed, and granted the petitioners liberty to file the appropriate proceedings before the Waqf Tribunal within a week, with a direction for the Tribunal to consider any interim relief expeditiously. The petition was thus dismissed in favor of the statutory forum.
Issues considered
- Whether the petitioners may withdraw the writ petition and approach the Waqf Tribunal under Section 83 of the Waqf Act, 1995.
- Whether the High Court should entertain the writ petition or direct the parties to the statutory remedy.
Legislation cited
- Waqf Act, 1995 — s. 83
Subjects
- Waqf
- Statutory remedy
- Section 83
- Waqf Tribunal
- High Court
- Writ petition
- Withdrawal
- Interim relief
Judgment
53-WP-12809-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12809 OF 2026
Taher Razzak Sayyad & Anr ..Petitioners
Versus
The State Of Maharashtra
Thr. The Prin. Sec. Minorities Dev. Dept & Ors …Respondents
Mr. Niranjan Mogre, for the Petitioner.
Mr. P.G. Sawant, 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 CORAM : N. J. JAMADAR, J.
MADHAVRAO KALE
KALE Date:
2026.10.01
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. Mogre, 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
53-WP-12809-2026.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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