1 of 6 14-WP-171-2020 (2) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 171 OF 2020 Madrassa Arabia Rizvia Gousiya Masjid … Petitioner Versus State of Maharashtra Through Public Prosecutor And 5 Ors. ... Respondents WITH INTERIM APPLICATION NO. 1639 OF 2020 Madrassa Arabia Rizvia Gousiya Masjid … Applicant Versus Through Public Prosecutor And 5 Ors. ... Respondents WITH INTERIM APPLICATION NO. 7667 OF 2025 Madrassa Arabia Rizvia Gousiya Masjid G.B.B.S.D. … Applicant Versus State of Maharashtra, Through Public Prosecutor And Ors. ... Respondents WITH INTERIM APPLICATION (L) NO. 30204 OF 2026 Madrassa Arabia Rizvia Gousiya Masjid G.B.B.S.D. … Applicant Versus State of Maharashtra, Through Public Prosecutor And Ors. ... Respondents Sagar Magar 2 of 6 14-WP-171-2020 (2) WITH INTERIM APPLICATION NO. 2083 OF 2023 Chetna Nalin Shah … Applicant Versus Madrassa Arabia Rizvia Gousiya Masjid G.B.B.S.D. and 7 Ors. ... Respondents __________ Mr. Sachin Dhakephalkar for Petitioner in WP/171/2020 and Applicant in IAL/30204/2026. Mr. Suraj Gupte, AGP for the Respondent No. 1 to 4 – State. Mr. Prashant Chawan, Senior Advocate, a/w Ms. Komal Jadhav i/b Vavdeep Vora and Associates for Respondent No. 5-MIDC in WP/171/2020. Mr. Ashish Kamat, Senior Advocate a/w Mr. Varuj Dhond, Mr. A. R. Mishra for Respondent No. 6. Mr. Yatin Shashikant Kochare a/w Ms. Priya Rombade i/b Bharat Joshi for Intervener in IA/2083/2023. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 2nd SEPTEMBER 2026 PC : 1) The present petition is filed for setting aside the Order/letter dated 28th August 2017 issued by the Respondent No.2 – State of Maharashtra, Home Department, Mantralaya, Mumbai and for further direction to the Respondent No. 2 to issue No Objection Certificate or necessary directions to enable the 3 of 6 14-WP-171-2020 (2) Respondent No. 6 to complete the construction work of the Masjid as per plans approved by Respondent No. 5 – MIDC. 2) In the present petition, the previous Division Bench of this Court, vide Order dated 4th August 2022, had issued certain directions which are advantageous to note. The entire Order for ready reference reads thus:- “1. In pursuance of the order passed by this Court, the respondent no.6 has filed an affidavit stating that in the approved lay out plan, the respondent no.6 has earmarked in red colour an area for constructing the proposed masjid. However, the proposal to construct the proposed masjid on the location earmarked in red is yet to receive approval from MIDC and NOC from Home Department, Government of Maharashtra. The respondent no.6 has rendered an undertaking in the said affidavit to submit the amended plan for the proposed masjid to be constructed on the location of the said property to MIDC within such time as this Court deems fit. Statements made by the respondent no.6 in the said affidavit are accepted. 2. The respondent no.6 is accordingly directed to submit the amended plan for the proposed masjid to be constructed on the location earmarked in red colour in the plan annexed to the said affidavit to the MIDC within two weeks from today. Learned counsel for the respondent no.6 states that her client would comply with such order without fail and would submit the said amended plan within the stipulated time. Statement is accepted. 4 of 6 14-WP-171-2020 (2) 3. Upon receipt of such amended plan from the respondent no.6, MIDC to consider such plan and to pass appropriate order within three weeks from the date of receipt of such plan and shall communicate the decision that would be taken by the petitioner as well as the respondent no.6 within three days from the date of passing such order. 4. If any approval is granted by MIDC to construct the proposed masjid on the proposed location, the petitioner would be at liberty to apply for permission of the Home Department, Government of Maharashtra by making an application within one week from the date of passing such order. If any such application is made by the petitioner for seeking permission from the Home Department, Government of Maharashtra, the same shall be considered on its own merits and in accordance with law within two weeks from the date of such application without being influenced by the observations made and the conclusion drawn in the order dated 28th August, 2017 which is subject matter of this petition. 5. Learned counsel for the respondent no.6 on instructions states that the area as agreed by and between the parties to the consent terms filed in the civil suit would be offered to the petitioner at the place earmarked in red colour in the affidavit in reply filed by the respondent no.6. Statement is accepted. 6. Place the matter on board under the caption of "Directions" on 20th October, 2022.” As can be seen, the said Order gave specific directions which are to be followed by different parties. In paragraph 4, the 5 of 6 14-WP-171-2020 (2) Petitioner was granted liberty to apply for permission of the Home Department, Government of Maharashtra by making an application within one week from the date of passing of the Order of approval granted by MIDC. We are informed that MIDC has already granted approval, but no such application is preferred by the Petitioner to the Home Department. 3) Learned counsel appearing for the Petitioner states that the Petitioner shall make such an application within a period of 3 weeks from today. He submitted that direction be issued that such application be decided expeditiously without being influenced by the earlier Order dated 28th August, 2017. 4) Since the earlier Division Bench has already issued directions of this nature, the Petition can be disposed of by permitting the Petitioner to prefer such application within a period of 3 weeks from today. The Home Department shall take a decision on his application without being influenced by the earlier Order as passed. With these directions, the petition is disposed of. With the 6 of 6 14-WP-171-2020 (2) disposal of the petition, all the connected Applications are also disposed of. It is made clear that the rights and contentions of all the parties including the intervener are specifically kept open to be agitated at the appropriate time before the appropriate forum. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) SAGAR SANTOSH MAGAR Digitally signed by SAGAR SANTOSH MAGAR Date: 2026.09.07 17:22:01 +0530