Bombay High Court

HANIF KASAM SHAIKH AND ORSversusTHE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARIES MINISTRIES OF MINORITY AFFAIRS AND ORS

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed and deemed withdrawn.

Summary

The petitioners filed a writ petition (No.9353 of 2026) after an earlier writ petition (No.12352 of 2018) and a public interest litigation (PIL No.121 of 2025) had both been dismissed. The petitioners' counsel attempted to mislead the court by claiming a right to file another writ petition and to convert the petition into a PIL, which the court found to be improper conduct. The court dismissed the petition and, upon the counsel’s request, treated the petition as withdrawn. The court directed that the petitioners may approach the civil court if they wish to pursue their claims. All contentions of the parties remain open for any future civil suit.

Issues considered

Whether the petitioners were entitled to file another writ petition after the earlier petition was dismissed
Whether the counsel’s claim of permission to convert the petition into a PIL was valid
Whether the counsel’s conduct amounted to misleading the court

Subjects

writ petition
civil appellate jurisdiction
lawyer misconduct
petition withdrawal
public interest litigation

Judgment

Digitally 905.WP-9353-2026.odt
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2026.08.21
10:38:01
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530 CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9353 OF 2026

Hanif Kasam Shaikh and Ors. ….Petitioners
Versus
The State of Maharashtra and Ors. ….Respondents
----
Mr. Hanif Shaikh for the Petitioners.
Mrs. P.J. Gavhane for Respondent No.1.
Mr. Prathamesh Kamat a/w. Ms. Rukshin Ghiara. Mr. Ishwar Ahuja
and Mr. Gaurav Nair i/b. Saga Legal for Respondent No.2.
Mr. Vijay Upadhyay for Respondent No.4.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
GAUTAM A. ANKHAD, J.

DATE : 20th AUGUST, 2026

P.C. :-

1. One more Petition has been filed in the backdrop of an

earlier Writ Petition No.12352 of 2018, having been dismissed. The

Interim Application No.2017 of 2026 seeking restoration of the said

Petition was also not entertained by this Court. The Petitioners had

filed PIL No.121 of 2025. That PIL was also dismissed by an order

dated 25th November, 2025.

2. The learned Advocate for the Petitioners made an

attempt to mislead the Court by stating that the Petitioners were

permitted to file one more Writ Petition. He also made an incorrect

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905.WP-9353-2026.odt

statement before us that he was permitted to convert the Petition

into a PIL. We disapprove of such conduct of a lawyer.

3. This Petition is, therefore, dismissed.

4. At this juncture, the learned Advocate for the

Petitioners submits that he desires to withdraw this Petition and if

the Petitioners desire, they may approach the Civil Court.

5. In the light of the above, this Petition is deemed to be

disposed off as withdrawn, on instructions. If the Petitioners prefer a

Civil Suit, all contentions of all the parties are kept open.

(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)

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