Bombay High Court

KHAJA ABDUL REHMAN ABDUL SATTARversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition is disposed of, with liberty granted to the petitioner to challenge the evacuee property order by appropriate proceedings.

Summary

Khaaja Abdul Rehman Abdul Sattar filed a writ petition before the Bombay High Court challenging the State of Maharashtra's actions concerning a particular property. During the pendency of the petition, on 7 October 2025, the Joint Secretary of the Revenue and Forest Department issued an order declaring the property as evacuee property. The petitioner sought relief against this declaration. The Court noted the new order and, without delving into substantive merits, disposed of the petition while granting the petitioner liberty to contest the evacuee property order through appropriate legal proceedings. The judgment thus terminated the present petition but preserved the petitioner’s right to further challenge the declaration.

Issues considered

What is the appropriate course of action when a property is declared evacuee property during the pendency of a writ petition?

Subjects

evacuee property
writ petition
property law
High Court
challenge order

Judgment

2026:BHC-AUG:1482




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              1031 WRIT PETITION NO. 9258 OF 2023

                            KHAJA ABDUL REHMAN ABDUL SATTAR
                                         VERSUS
               THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

                                                  ...
                             Advocate for petitioner : Mr. S.D. Hiwrekar
                           AGP for the respondent – State : Mr. D.R. Korde
                                                  ...

                          CORAM              : SIDDHESHWAR S. THOMBRE, J.

                          DATE               : 13 JANUARY 2026

              PER COURT :

                          Learned counsel for the petitioner submits that during the

              pendency of the petition, on 07.10.2025, the order was passed by the

              Joint Secretary, Revenue and Forest Department, Government of

              Maharashtra, Mumbai, declaring the property in question as Evacuee

              property.


              2.          In view of that present petition is disposed of with liberty to

              the petitioner to challenge the same by filing appropriate proceedings.




                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE

              arp/

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