Bombay High Court
YUSUFA KHATUN MUJUBUDDIN AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the impugned orders cannot be sustained and quashed them.
Summary
The petitioners sought a writ of mandamus to quash letters issued by the District Waqf Officer, the Tahsildar, and the Sub Registrar concerning Waqf Property Gut No.222 at Kinwat. The letters directed the Deputy Collector to provide information on any abolition order or sale permission and instructed local officials not to allow entry of sale or purchase of the property. Respondent No.6 (the Waqf Board) contended that the subject property had never been notified in the Waqf Gazette. The Court accepted this statement, finding that without Gazette notification the Waqf Officer’s orders lacked legal basis. Consequently, the Court quashed all the impugned orders and disposed of the writ petition.
Issues considered
- Whether the District Waqf Officer’s order and subsequent directions to local officials are valid when the subject Waqf property is not notified in the Waqf Gazette.
Subjects
- Waqf
- Mandamus
- Quash
- Gazette Notification
- Land Reforms
- Property Sale
Judgment
2026:BHC-AUG:39566-DB
1 919-WP-947-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 947 OF 2024
YUSUFA KHATUN MUJUBUDDIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Mr. P. R. Katneshwarkar, Sr. Advocate a/w Mr. Shrirang
Kathneshwarkar i/b Mr. Rahil Kazi, Advocate for the Petitioners
Mr. N. D. Batule, AGP for Respondents/State
Mr. N. E. Deshmukh, Advocate for Respondent No.6
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 28th AUGUST, 2026
PER COURT :
1. By this petition, the petitioners have put forth following
prayer:-
“A. By issuing writ of mandamus or any other
appropriate writ or directions in the like nature, this
Hon’ble Court may be pleased to quash and set aside the
order/letter issued by District Waqf Officer Nanded bearing
Outward No.GVA-255/Nanded-477/2022 dated 30.11.2020,
the letter issued by Tahsildar Office, Kinwat dated
19.12.2022 and the letter issued by Sub Registrar, Kinwat
dated 27/03/2023 bearing outward No.J.Kr./Wakf
Board/2023/83-86.”
2. Perusal of the impugned letter shows that it is
addressed by the District Waqf Officer, Nanded to the Deputy
Collector, Land Reforms, Kinwat, thereby seeking information as to
whether the Office of Deputy Collector has issued any abolition
order or sale permission is granted in respect of Waqf Property Gut
No.222 situated at Kinwat, Taluka Kinwat, District Nanded (for short
SVH
2 919-WP-947-24.odt
‘the subject property’) and if such permission is granted then
certified copy of application seeking such permission and order
passed thereon are requested to be given to the District Waqf
Officer. Pursuant to the said communication, Tahsildar, Kinwat
directed the Circle Officer and Talathi at Kinwat not to take entry of
sale or purchase of the subject property, by order dated
19/12/2022. Similar such direction is also issued to one of the
purchasers.
3. Learned advocate for respondent No.6 Waqf Board, on
instructions, makes a statement that the subject property is not
notified in the Waqf gazette.
4. In the light of the said statement made by learned
advocate for respondent No.6, the impugned orders cannot be
sustained and the same are hereby quashed and set aside. Writ
petition is accordingly disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
Checking your session…