The Chief Executive Officer vs Aslam Maqbool Junaidi and Ors. — Bombay HC (2025) — LawSathi Research

The Chief Executive Officer vs Aslam Maqbool Junaidi and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the Applicant: the request to delete the observations in the orders dated 12th November 2024 and 5th December 2024 and to recall the order for payment of costs (Rs. 25,000/-) was refused. The Interim Application was dismissed with costs of Rs. 5,000/- payable personally by the Chief Executive Officer and not from Waqf funds; those Rs. 5,000/- costs were subsequently recalled upon the Applicant's counsel's request and assurance against future frivolous applications, and the Interim Application was disposed of. The Writ Petition was placed for further consideration on 10th July 2025.

Issue for consideration

Whether the observations made in the orders dated 12th November 2024 and 5th December 2024 should be deleted. +1 more

Court's answer

The Applicant's attempt in paragraph 3 of the Application to contradict the statements in the Court's order is completely casual; since replies were directed to be filed after notice was issued on the Petition and none was filed, there is no case for deleting the observations.

Ratio / Principle

There is no case made out for reviewing the order for payment of costs; the costs of Rs. 25,000/- (restricted by way of indulgence from the exemplary costs the Petitioner had requested) stand.

Key takeaways

The Interim Application is dismissed with costs of Rs. 5,000/-, which Mr Juned Bashir Sayyed, the Chief Executive Officer, Maharashtra State Board of Waqfs, is to pay personally and not from the Waqf funds.ratio¶25
Considering the request of learned counsel for the Applicant (who stated that costs may not be imposed and assured the Court that the Chief Executive Officer will not file such frivolous application in future), the costs of Rs. 5,000/- imposed by the order are recalled.ratio¶30

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (M.S. Sonak & Jitendra Jain, JJ.), 26 June 2025 — Interim Application No. 1689 of 2025 in Writ Petition No. 12352 of 2018 (Aslam Maqbool Junaidi & Anr v. The Chief Executive Officer, Maharashtra State Board of Wakf, Aurangabad & Ors). The Applicant sought deletion of the observations made in the Court's orders dated 12th November 2024 and 5th December 2024 and a recall of the order for payment of costs. The Court found the Applicant's attempt to contradict the statements in its order completely casual, observing that although replies had been directed to be filed after notice was issued on the Petition, none had been filed, and held there was no case made out for reviewing the order for payment of costs (Rs. 25,000/-, restricted by way of indulgence from the exemplary costs the Petitioner had requested). The Interim Application was dismissed with costs of Rs. 5,000/-, directed to be paid personally by Mr Juned Bashir Sayyed, Chief Executive Officer, Maharashtra State Board of Waqfs, and not from Waqf funds. On learned counsel for the Applicant stating that costs may not be imposed and assuring the Court that the Chief Executive Officer will not file such frivolous application in future, the Rs. 5,000/- costs were recalled. Counsel stated that the Rs. 25,000/- costs had already been deposited and withdrawn by the Petitioner. The Interim Application was disposed of; the Writ Petition was placed for further consideration on 10th July 2025.

14-ASWP-12352-2018+.DOC

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12352 OF 2018

WITH

INTERIM APPLICATION NO. 1689 OF 2025

IN

WRIT PETITION NO. 12352 OF 2018

Aslam Maqbool Junaidi & Anr …Petitioners

Versus

The Chief Executive Officer, Maharashtra …Respondents State Board of Wakf Aurangabad & Ors

Mr Shaikh Mohd Hanif Bakhtavar , for the Petitioners in WP/12352/2018 and for Respondent No. 1 in IA/1689/2025.

SHEPHALI SANJAY MORMARE

Digitally signed by SHEPHALI SANJAY MORMARE Date: 2025.06.27 13:00:45 +0530

Ms Tooba Momin , i/b RM Momin, for the Applicant in IA/1689/2025 and for Respondent No. 1 in WP/12352/2018.

CORAM M.S. Sonak & Jitendra Jain, JJ. DATED: 26th June 2025.

PC:-

INTERIM APPLICATION NO. 1689 OF 2025:

Heard learned counsel for the parties.

Page 1 of 3 26th June 2025

14-ASWP-12352-2018+.DOC

This Interim Application seeks deletion of observations made in orders dated 12th November 2024 and 5th December 2024 and for a recall of the order for payment of costs.

We have perused the Interim Application. In paragraph 3 of the Application, the Applicant contends to contradict the statements in our order. Such attempt is completely casual. Once a Petition is filed and notice is issued, it is expected that replies are filed within a reasonable period. Besides in this case, they were directed to file reply and still, no reply was filed. The observations only state that.

There is no case made out for reviewing the order for payment of costs. In fact the Petitioner was requesting for exemplary costs, but, by way of indulgence, we restricted the costs to Rs. 25,000/- in the gone hope that at least in future this matter would be diligently attended.

Accordingly, we dismiss this Interim Application with costs of Rs. 5,000/-. This time, however, Mr Juned Bashir Sayyed, the Chief Executive Officer, Maharashtra State Board of Waqfs should pay the costs personally and not from the Waqf funds.

At this stage, learned counsel for the Applicant states that costs may not be imposed and assures the Court that the Chief Executive Officer will not file such frivolous application in future.

Page 2 of 3

26th June 2025

14-ASWP-12352-2018+.DOC

Considering this request, the costs of Rs. 5,000/imposed by this order are now recalled.

Learned counsel for the Applicant states that the costs of Rs. 25,000/- have already been deposited and the same have also been withdrawn by the Petitioner.

The Interim Application is disposed of.

WRIT PETITION NO. 12352 OF 2018:

Place the matter for further consideration on 10th July 2025.

(Jitendra Jain, J)

(M. S. Sonak, J)

Page 3 of 3 26th June 2025