Shakir M. Ebrahim vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Shakir M. Ebrahim vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Four weeks' time granted to the State to effect the appointment to the Member post vacant on cancellation of Mr. Anis Shaikh's appointment and thereby complete the Coram of the Waqf Tribunal; the Tribunal's Application for extension of time for disposal of matters disposed of in view of the statement that the Tribunal will have its full Coram within four weeks.

Issue for consideration

Completion of the composition/Coram of the Waqf Tribunal, including filling the post of Member that fell vacant on the cancellation of the appointment of Mr. Anis Shaikh, and the time within which the State was to do so. +1 more

Court's answer

Grant of four weeks' time (instead of the three weeks sought) to the State to effect the appointment and fill the vacancy so as to complete the Coram of the Waqf Tribunal; the Court recorded the statement made on instructions of the Principal Secretary, Minority Development Department, that the Tribunal's composition shall be complete within three weeks, including filling the post vacated by cancellation of Mr. Anis Shaikh's appointment.

Ratio / Principle

The Court disposed of the Application received from the Waqf Tribunal for extension of time in disposing of pending matters, on the strength of the statement that the Tribunal will have its full Coram within a period of four weeks.

Key takeaways

Observation that a large number of matters pending before the Waqf Tribunal are not being heard in absence of the Coram required for conduct of its business under the Waqf Act, 1995, which is why the Court expected the vacancy to be filled.obiter¶48

Detailed headnote1 paragraphs

Bombay High Court (Bharati Dangre & Manjusha Deshpande, JJ.; order dated 16 March 2026), in continuation of its order dated 09.03.2026: The Government Advocate stated on instructions of the Principal Secretary, Minority Development Department, State of Maharashtra, that the composition of the Waqf Tribunal would be completed within three weeks, with the post of Member rendered vacant on cancellation of the appointment of Mr. Anis Shaikh being filled so as to complete the Coram for operation of the Tribunal. The Court recorded the statement and, though three weeks was sought, granted four weeks to the State to effect the appointment, observing that a large number of matters pending before the Tribunal were not being heard for want of the Coram required for conduct of its business under the Waqf Act, 1995. On that basis the Court disposed of the Application received from the Tribunal for extension of time in disposing of the matters.

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903 WP.3028.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 3028 OF 2023

Shakir M. Ebrahim

.. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

WITH

WRIT PETITION NO. 853 OF 2024

Feroz Kassamali Bhanwadia .. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

WITH

WRIT PETITION NO. 955 OF 2024

Feroz Kassamali Bhanwadia

.. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

WITH

WRIT PETITION NO. 1069 OF 2024

Shamim E. Botawala .. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

WITH

WRIT PETITION NO. 1412 OF 2024

Nasruddin Kasamali Jagmagia .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents

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2/3 903 WP.3028.2023.odt

WITH

WRIT PETITION NO. 1124 OF 2024

Shakir M. Ebrahim

.. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

WITH

WRIT PETITION NO. 3359 OF 2023

Shahid Sadiq Kantharia .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents

Mr. Sagheer Khan a/w Mr. Dawood Khan and Ms Afsha Khan i/by Judicare Law Associates, for the Petitioners in all the Petitions.

Ms Geeta Shastri, ‘A’ Panel Counsel a/w Ms Prachi Tatake, Addl.G.P, Ms Gauri Sawant, AGP, Ms Anupama Pawar, AGP, Mr. Suraj Gupte, AGP, Mr. Manish Upadhye, AGP, Mr. Akshay Patkar, AGP, and Mr. Himanshu Takke, AGP, for the Respondents-State in all the Petitions.

Mr. Abdul Hafeez Yakub Kotwala, for Respondent No. 3.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATED : 16^th MARCH, 2026

P.C:-

In continuation of our order dated 09.03.2026, the Government Advocate, Ms Sawant is under instructions from the Principal Secretary, Minority Development Department, State of Maharashtra, to make a statement before the Court that within a period of three weeks from today, the

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composition of the Waqf Tribunal shall be complete, and one post of Member on the cancellation of appointment of Mr. Anis Shaikh shall be made so as to complete the Coram for the operation of the Tribunal.

We have recorded the statement, and though time of three weeks is sought before us, we deem it appropriate to grant four weeks time for the State to effect the appointment, and we expect the vacancy to be filled in, as we are informed that large number of matters which are pending before the Tribunal, are not being heard in absence of the Coram for conduct of the business of the Waqf Tribunal under the Waqf Act, 1995.

In the wake of the aforesaid direction, we dispose of the Application received from the Tribunal for extension of time in disposing of the matter, as a statement is made before us that the Tribunal will have its full Coram within a period of four weeks.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)

Digitally signed by RUSHIKESH RUSHIKESH VISHNU VISHNU PATIL PATIL Date: 2026.03.18 14:51:14 +0530

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