Bombay High Court

JAMA MASJID AND KABRASTAN COMMITTEE HARSUL THROUGH PRESIDENTversusTHE COMPETENT AUTHORITY LAND ACQUSITION OFFICER AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition cannot be entertained until the petitioner's status as Mutawalli is determined by the Waqf Board.

Summary

The petitioner, JAMA MASJID AND KABRASTAN COMMITTEE HARSUL, claimed to be the Mutawalli of a Waqf property and sought the disbursement of compensation received for land acquired for National Highway No.753-F. The petition was filed against the Land Acquisition Officer and others. The court noted that the question of the petitioner's status as Mutawalli was pending before the Maharashtra State Board of Waqf, a competent authority. Since the status was subjudice, the court held that the petition for disbursement could not be entertained at this stage. The court, however, granted the petitioner liberty to move the court again after the Waqf Board decides the pending issue, and consequently disposed of the writ petition.

Issues considered

Whether a writ petition seeking disbursement of compensation can be entertained when the petitioner's status as Mutawalli is pending before the Waqf Board.

Subjects

Waqf
Mutawalli
Land Acquisition
Compensation
Writ Petition
Pending Jurisdiction

Judgment

2026:BHC-AUG:23798
                                             (1)                    953-wp-8091-2025.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                    WRIT PETITION NO. 8091 OF 2025

                  JAMA MASJID AND KABRASTAN COMMITTEE HARSUL
                                   THROUGH PRESIDENT
                                           VERSUS
               THE COMPETENT AUTHORITY LAND ACQUSITION OFFICER
                                       AND ANOTHER
                                               ...
               Mr. G R Syed, Advocate for the Petitioner.
               Mr. S. P. Sonpawale, AGP for Respondents-State.
               Mr. Ramesh T. Rathod, Advocate for Respondent No.2.
               Mr. N. E. Deshmukh, Advocate for Respondent No.3.
                                               ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 17th JUNE, 2026.
               P.C.:-

               1.      Heard learned Advocates appearing for respective parties.


               2.      It is submitted that dispute as to Mutawalli of Waqf is
               pending before respondent no.3-Maharashtra State Board of Waqf.
               The petitioner claims himself to be Mutawalli and disbursement of
               amount received towards compensation of acquired land of Waqf
               for construction of National Highway No.753-F.


               3.      In this backdrop, when status of petitioner to be Mutawalli is
               subjudice before Competent Authority i.e. respondent no.3,
               petitioner’s prayer for disbursement of amount to Waqf cannot be
               entertained. However, by giving liberty in favour of petitioner to
               move after decision of Waqf Board on pending issue, Writ Petition
               stands disposed of.


                                                      (S. G. CHAPALGAONKAR)
                                                               JUDGE
               Devendra/June-2026

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