Yasir Mustafa Sayed vs State of Maharashtra through the Secretary — Bombay HC (2026) — LawSathi Research

Yasir Mustafa Sayed vs State of Maharashtra through the Secretary — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

WP 2195 of 2025: impugned S. 79A MHADA notices dated 10.07.2023 and 17.01.2024 kept in abeyance till completion of the inquiry; liberty to MHADA to act in terms of Vimalnath Shelters Private Limited and Javed Abdul Rahim Attar; liberty to the Petitioner to approach this Court on any adverse order by MHADA; contentions kept open. WP 2197 of 2025: disposed of on Respondent No. 2's stand that the prayer clause (b) applications will be decided within three months in accordance with law; contentions kept open.

Issue for consideration

Whether the notices dated 10.07.2023 and 17.01.2024 issued under S. 79A of the MHADA Act, 1976 should be kept in abeyance pending completion of the inquiry, in view of the clarified legal position in Vimalnath Shelters Private Limited and Javed Abdul Rahim Attar. +1 more

Court's answer

In WP 2195 of 2025, the impugned notices issued under S. 79A MHADA Act are directed to be kept in abeyance until the inquiry is completed, with liberty to MHADA to take appropriate action in terms of the observations in Vimalnath Shelters Private Limited and Javed Abdul Rahim Attar.

Ratio / Principle

In WP 2195 of 2025, in light of the stand taken by the Respondent (MHADA), the writ petition is disposed of, with liberty to the Petitioner to approach this Court in the event MHADA passes any order adverse to the Petitioner's interest; all contentions raised in the petition are kept open.

Key takeaways

In WP 2197 of 2025, on the stand of Respondent No. 2 (recorded through its counsel) that the applications mentioned in prayer clause (b) of the petition will be dealt with and an appropriate decision taken within three months in accordance with law, the petition is disposed of; all contentions are kept open.ratio¶48

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), M. S. Karnik and S. M. Modak, JJ., 01.04.2026. (1) Writ Petition No. 2195 of 2025 - Yasir Mustafa Syed, Trustee and Mutawali of the Islamiya Masjit Trust v. Maharashtra Housing and Area Development Authority: challenge to notices dated 10.07.2023 and 17.01.2024 issued by Respondent No. 4 under S. 79A of the Maharashtra Housing and Area Development Act, 1976. Since the law under S. 79A stood clarified in Vimalnath Shelters Private Limited v. State of Maharashtra (2025 SCC Online Bom 1109) and Javed Abdul Rahim Attar v. MHADA (Writ Petition (L) No. 34771 of 2021, dated 28.07.2025), and counsel for MHADA fairly submitted that MHADA would consider the matter in terms of the directions in those cases, the Court kept the impugned notices in abeyance till completion of the inquiry, gave MHADA liberty to take appropriate action per those decisions, and disposed of the writ petition with liberty to the Petitioner to approach the Court if MHADA passes any adverse order; all contentions kept open. (2) Writ Petition No. 2197 of 2025 - Yasir Mustafa Syed v. State of Maharashtra: disposed of in view of the stand of Respondent No. 2 that the applications mentioned in prayer clause (b) will be dealt with and an appropriate decision taken within three months from the date of the order in accordance with law; all contentions kept open.

WP 2195 of 2025.doc

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

WRIT PETITION NO. 2195 OF 2025

Yasir Mustafa Syed, Trustee and Mutawali of the Islamiya Masjit Trust

...Petitioner

Vs.

Maharashtra Housing and Area Development Authority ...Respondent

ALONGWITH WRIT PETITION NO. 2197 OF 2025

Yasir Mustafa Syed ...Petitioner

Vs.

State of Maharashtra Through the Secretary

...Respondent

Mr. Rajeev Cawalho a/w Rishab Murali a/w Miss. Zikra Khan h/f Tooba R. Momin - Advocate for the Petitioner in both petitions Adv. Sonia Santis i/by Adv. Umar Kazi - for the Respondents in WP 6 to 10 in WP 2195 of 2025 and Respondent Nos. 3 to 7 in WP 2197 of 2025.

Ms. Sayali Apte i/by P. G. Lad – for Respondent Nos. 1 to 4 – MHADA in WP 2195 of 2025

Ms. Nikita Lad – For Respondent No. 2 on VC in WP 2197 of 2025 Shri Vikrant Parshurami – AGP in WP 2195 of 2025

Shri Rakesh Pathak- AGP in WP 2197 of 2025.

CORAM : M. S. KARNIK AND S. M. MODAK, JJ.

Digitally signed SEEMA by SEEMAKSHITIJYELKAR KSHITIJ Date: YELKAR 2026.04.0210:46:42 Seema +0530

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WP 2195 of 2025.doc

DATE : 01^st APRIL 2026

P. C. :-

WRIT PETITION NO. 2195 OF 2025

The Petitioner is challenging impugned notices dated 10.07.2023 and 17.01.2024 issued by Respondent No. 4 under the provisions of Section 79A of the Maharashtra Housing and Area Development Act, 1976 (in short ‘MHADA’).

During the pendency of this petition, the law in terms of Section 79A has been clarified in the decisions of this Court in the case of Vimalnath Shelters Private Limited and Ors. Vs. State of Maharashtra¹ and in the case of Javed Abdul Rahim Attar and Others Vs. Maharashtra Housing and Area Development Authority and Others , in Writ Petition (L) No. 34771 of 2021, dated 28.07.2025.

The learned counsel Shri Lad appearing for MHADA, fairly submits that MHADA will have to consider the matter in terms of the directions of this Court in the cases of Vimalnath Shelters Private

Limited and Ors. (supra) and Javed Abdul Rahim Attar and Others

1 2025 SCC Online Bom 1109

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WP 2195 of 2025.doc

(supra) .

The impugned notices are therefore required to be kept in abeyance till the inquiry is completed and we accordingly so direct.

Liberty to MHADA to take appropriate action in terms of what is observed in Vimalnath Shelters Private Limited and Ors. (supra) and Javed Abdul Rahim Attar and Others(supra) .

In the light of the stand taken by the Respondent, we dispose of the writ petition, with liberty to the Petitioner to approach this Court in the event any order adverse to the interest of the Petitioner is passed by MHADA.

All contentions raised in this petition are kept open.

With the above observations, the Writ Petition is disposed of.

WRIT PETITION NO. 2197 OF 2025

We have gone through the averments made in the petition with the assistance of learned counsel.

We have heard learned counsel appearing for MHADA and learned counsel appearing of Respondent No. 2, on instructions, fairly submitted that applications which are mentioned in prayer clause (b) of

this petition will be dealt with and appropriate decision will be taken

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WP 2195 of 2025.doc

within a period of three months from today in accordance with law.

The petition is accordingly disposed of, in view of the stand taken by Respondent No. 2.

All contentions are raised in the petition are kept open.

(S. M. MODAK, J.)

(M. S. KARNIK, J.)

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Seema