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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

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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