Allowed

Akbari Masjid through Its President Akhtar Ali Roshan Ali v. the State of Maharashtra and Others

Bombay HC23 Dec 2016WP/12717/2016

Case brief

AI extract

What is this about?

Three writ petitions challenging the non-decision of the State Government regarding regularisation of religious structures declared illegal. The Court directed the State to decide the proposals expeditiously by 31.12.2016 and disposed of the petitions.

What did the court decide?

Directed the State Government to take a decision on the proposals for regularisation of religious structures expeditiously, preferably by 31.12.2016.

Akbari Masjid through Its President… — Constitutional and Fundamental Rights | Bombay HC (2016)

¶1

wp12717.16.odt

¶2

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶3

WRIT PETITION NO.12717 OF 2016

Akbari Masjid

Petitioner

Versus

The State of Maharashtra & others

¶8

Respondents

¶9

Mr.P.B.Pawar, advocate for the petitioner Mr.A.S.Shinde, A.G.P. for Respondents No.1 to 3.

¶10

WITH

¶11

WRIT PETITION NO.12718 OF 2016

Noor E Madina Masjid

Petitioner

Versus

The State of Maharashtra & others

¶16

Respondents

¶17

Mr.P.B.Pawar, advocate for the petitioner Mr.K.D.Mundhe, A.G.P. for Respondents No.1 to 3.

¶18

WITH

¶19

WRIT PETITION NO.12719 OF 2016

¶20

Umar Faruk Masjid Petitioner

¶21

Versus

¶22

The State of Maharashtra & others

¶23

Respondents

¶24

Mr.P.B.Pawar, advocate for the petitioner Mr.S.J.Salgare, A.G.P. for Respondents No.1 to 3.

¶25

CORAM : R.M.BORDE &

¶26

SANGITRAO S. PATIL, JJ. DATE : 23rd December, 2016

PER COURT:

{2}

wp12717.16.odt

Heard.

2 Admittedly, the religious structures have been declared as illegal. According to the petitioners, proposals are moved before the State Government for regularisation of the structures and same are pending. The petitioner claims protection under the Government Resolution dated 05.05.2011 issued by the Home Department, Government of Maharashtra, Mantralaya, Mumbai. The said Government Resolution contemplates regularisation of the religious structures constructed prior to 29.09.2009 on satisfaction of certain preconditions. It is the contention of the petitioners that although proposals are moved, the State Government has not taken any decision.

¶32

3 It would be open for the petitioners to move the State Government for appropriate decision on the said proposals in respect of regularisation of the structure, allegedly raised. The State Government is directed to take decision on the proposal forwarded by the Municipal Commissioner in accordance with policy framed by the Government as well as on consideration of merits of proposal, as expeditiously as possible, preferably before 31.12.2016.

¶33

4 Writ Petitions stand disposed of.

¶34

( SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE

¶35

adb/wp12717.16

Akbari Masjid through Its President Akhtar Ali Roshan Ali v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Akbari Masjid through Its President Akhtar Ali Roshan Ali v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dadarao Dattarao Sangale and Others Vs the State of Maharashtra and Others

M/S El Dorado Biotech Pvt. Ltd. through Its Director Vinay Vasant Joshi Vs the Union of India and Others

Shaikh Zakiruddin Ishaquddin Vs the State of Maharashtra and Others

Sukhadeo Vithalrao Chavan Vs the State of Maharashtra and Others

M/S G G Constructions Company through Its Partner G G Kadam Vs the State of Maharashtra and Others

Shaikh Vahidpasha Chandpasha Vs the State of Maharashtra and Others