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2026 DAILYLAW 1370 (BOM)

HAJRAT PEER MALIK REHAN MIRA SAHEB DARGAH, VISHALGAD THR. FARID NAAJIM MUJAWAR v. THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

IA/622/2026 · 2026-05-28

Shri Ranjitsinha Raja Bhonsale

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

901-IA-622-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 622 OF 2026 IN WRIT PETITION NO. 7121 OF 2023 Hajrat Peer Malik Rehman Mira Saheb Dargah, Vishalgad, Through its Chief Trustee … Applicant / Petitioner Versus The State of Maharashtra & Ors. … Respondents ——————  Mr. S.B. Talekar a/w. Mr. Saurabh P. Veer i/b. Talekar & Associates for the Applicant / Petitioner.  Mrs. Neha Bhide, Government Pleader a/w. Mrs. Shubhangi Deshmukh, A.G.P. for the Respondent-State.  Mr. Kedar P. Lad for the Respondent Nos.7 & 8.  Officers :- (i) Rajendra S. Savantre, Police Inspector, Shahuwadi Police Station, Kolhapur, (ii) Ms. Seema Arun Sonavane, Tahsildar, Shahuwadi, District Kolhapur and (iii) Mr. Uday S. Surve, Assistant Curator, Kolhapur Museum, Kolhapur, present —————— Coram : RANJITSINHA RAJA BHONSALE, J. Date : 28th MAY 2026. [ VACATION COURT ] PER COURT : 1. Heard Mr. S.B. Talekar, learned counsel for the Applicant, Mrs. Neha Bhide, learned Government Pleader for the Respondent – State and Mr. Kedar osk 1 of 4 901-IA-622-2026.docx Lad, learned counsel for the Respondent Nos.7 & 8. 2. Mrs. Neha Bhide, learned Government Pleader submits that due to Bakri Eid celebrations and activities performed in the Urus of gathering at Vishalgad, there is possibility that a law and order situation arises. In support of her submission, she tendered across the bar Affidavits-in-Reply filed by (i) Ms. Seema Arun Sonavane, Tahsildar, Shahuwadi, District Kolhapur, (ii) Mr. Rajendra Sadashiv Savantre, Police Inspector, Shahuwadi Police Station, District Kolhapur, (iii) Mr. Uday Shankar Surve, Assistant Curator, Kolhapur Museum, Kolhapur. Ms. Seema Arun Sonavane, Tahsildar, Shahuwadi has also filed an Additional-Affidavit-in-Reply. The same is taken on record. The learned Government Pleader refering to and relying upon the said Affidavits, strongly opposed the grant of any reliefs as prayed for in the present Interim Application. 3. Mr. S. B. Talekar, learned counsel for the Applicant submits that the Applicant- Dargah has followed all the conditions imposed by earlier orders dated 14th June 2024 and 3rd June 2025. That, the Applicant through its Trustees is ready to give undertakings to ensure maintenance of law and order during the said celebration / activities. 4. Taking into consideration the Order dated 14th June 2024 (Coram : B.P. Colabawalla & Firdosh P. Pooniwalla, JJ.) and Order dated 3rd June 2025 (Coram : Dr. Neela Gokhale & Firdosh P. Pooniwalla, JJ. - Vacation Court) osk 2 of 4 901-IA-622-2026.docx passed by this Court in the present Petition, while dealing with the issue in the present Petition had permitted slaughter of animals (i.e. sheep, goats and birds – hens only) for the festival of Bakri Eid and Urus in the year 2024. The said Orders and all conditions imposed therein shall apply during the festival of Bakri Eid on 28th May 2026 and Urus celebration from 29th May 2026 to 2nd June 2026. The permission shall be applicable only to the Applicant and devotees of the Applicant-Dargah. 5. It is made clear that the conditions imposed in the Order dated 14th June 2024 shall be applicable for this year also and shall be strictly complied with. Learned Advocate for the Applicant, on instructions, undertakes to ensure strict compliance of the conditions imposed in the Order dated 14th June 2024. In addition to the said conditions, learned Advocate for the Applicant, on instructions, submits that, the Applicant shall undertake to ensure that hygienic conditions are maintained at the said premises i.e. Gat No. 19 and the premises are cleaned and cleared of all waste materials including carcasses. The Applicant-Trustees and Authorized representatives shall undertake to cooperate with the administration and the Police Authorities to ensure smooth flow of traffic and the maintenance of law and order. 6. The Interim Application is disposed of in the aforesaid directions. 7. All the concerned to act on an authenticated copy of this Order. osk 3 of 4 901-IA-622-2026.docx 8. It would be necessary to refer to the Order dated 28th July 2025 passed in Special Leave to Appeal No. 18302 of 2025 passed by the Hon’ble Supreme Court. Para No.2 of the said Order reads as under : “2. However, taking into consideration the sensitivity of the matter, we request the High Court that rather than passing interim orders, it should take up the main petition for hearing and decide it on its own merits, at least, before the festival next year.” 9. Considering the aforesaid Order passed by the Hon’ble Supreme Court, list main Petition on 8th June 2026, under the caption ‘For Directions’. [ RANJITSINHA RAJA BHONSALE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.05.28 11:52:10 +0530