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2024 DAILYLAW 2508 (BOM)

YUSUFA KHATUN MUJUBUDDIN AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

WP/947/2024 · 2026-08-28

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Judgment text

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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 2026:BHC-AUG:39566-DB 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