MASEEH AHMEDversusARSHAD MUKTAR AND ORS

           Digitally signed
           by MAYUR
MAYUR    KONDIRAM
         ADANE
KONDIRAM Date:
ADANE    2026.09.21
           10:46:47
           +0530




                                                                                             18-WP-7273-2026 (C).doc

       Mayur
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION


                                               WRIT PETITION NO. 7273 OF 2026

                              Maseeh Ahmed                                                ...Petitioner
                                   Versus
                              Arshad Muktar And Ors                                       ...Respondents
                                                                     ...
                              Adv. Prabha Badadare, for the Petitioner.
                              Adv. B.V. Samant, Addl. G.P., a/w Mr. A.R. Deolekar, AGP, for the
                              Respondent Nos. 8 and 9.
                                                                     ...


                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                     ADVAIT M. SETHNA, J.

                                               DATE : 18th SEPTEMBER, 2026.


                              P.C.:
                              1.      Heard learned counsel for the Petitioner and learned Counsel

                              for the Respondent-State .


                              2.      The instant Writ Petition is preferred for the following

                              substantive relief:

                                            “(b) That this Hon’ble Court be pleased to issued
                                            appropriate direction to Respondents No. 2 to decide
                                            Petitioner’s Application being Application No.1/2023 before
                                            Respondent No.8 under Section 41(2) of The Maharashtra
                                            Public Trust Act filed against Respondents No.1 to 7 which is
                                            pending since 17/01/2023 for hearing.”

                              3.      Learned Counsel for the Petitioner would urge that the




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Petitioner is aggrieved by the arbitrary inaction on the part of the

Respondent No.8, whereby Application No. 1/2023, for inquiry into

the alleged illegal activities of Respondent Nos.1 to 7, filed before

Respondent No. 8 under Section 41(2) of the Maharashtra Public

Trusts Act, 1950, is pending adjudication since 17 th January, 2023.

No decision on the said Application is taken, until date.


4.   Learned counsel for the Petitioner confines his prayer only to

the extent that a direction be issued to Respondent No. 8 to decide

the aforesaid pending Application. In view thereof, we do not find it

appropriate to keep the matter pending.


5.   Considering the overall facts and circumstances of the case,

without entering into the merits of the controversy, the present Writ

Petition is disposed of with an observation that in case Application

No. 1/2023 dated 17th January 2023 is still pending, Respondent

No. 8 shall proceed to consider and decide the same expeditiously,

in accordance with law within two months from the date of

presenting this Order before Respondent No.8.


6.   It is clarified that the Respondent No.8 shall afford full

opportunity   of   hearing   to   all   affected   parties/stakeholders,

particularly Respondent Nos.1 to 7, prior to passing of any final

Order.

7.   We further clarify that we have not adverted to the merits of


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the case, and all contentions of the parties are left open to be urged

before the concerned Respondent Authority.


8.     With the aforesaid observations and directions, the Writ

Petition stands Disposed Of.




     [ADVAIT M. SETHNA, J.]                     [CHIEF JUSTICE]




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