SC allows Nashik dargah trustees to withdraw plea: HC may list this week
The court has also received a report from the Registrar General, High Court of Judicature at Bombay, on why the dargah committee’s plea challenging the April 1 notice was not listed for hearing.
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Tabrez Inamdar, chairman of the dargah committee, told The Indian Express that they will take up the petition with the HC.The trustees of the Hazrat Saatpeer Sayed Baba dargah, which was demolished last week by the Nashik Municipal Corporation, withdrew their petition from the Supreme Court after the apex court said the Bombay High Court may list the matter this week if the petitioner wishes.
On Monday the SC, in its order, said the senior counsel appearing for the petitioner seeks to withdraw the Special Leave Petition and the permission for so was granted. “If the learned counsel for the writ petitioner makes a request, the HC may list the matter during the course of this week. The petitioner is also at liberty to seek such directions… we have not expressed any opinion whatsoever on the merits of the case. It is for the HC to consider and pass orders on its own merits,” an SC bench of Justices P S Narsimha and Joymalya Bagchi said.
The court has also received a report from the Registrar General, High Court of Judicature at Bombay, on why the dargah committee’s plea challenging the April 1 notice was not listed for hearing.
Tabrez Inamdar, chairman of the dargah committee, told The Indian Express that they will take up the petition with the HC. “After the SC hearing today and the assurances that we have received that our petition will be heard we will approach the Bombay High Court with our petition.”
The dargah trustees, who are in a legal tussle with the NMC, had moved the Bombay HC after the NMC on February 22 demolished a gate, a boundary wall, and the front portion of the property. The panel filed a writ petition in the HC on February 26, terming the demolition “arbitrary” and arguing it violated the Waqf Tribunal’s directive.
On March 12, a division bench of Justices A S Gadkari and Kamal Khata asked the petitioner to provide documentation proving the legality of the structure. The petitioner’s lawyer, upon instructions, admitted that no such documents were available “at least as of today”. The court observed the structure appeared “wholly unauthorised and illegal”and the NMC later proceeded accordingly with the demolition.
The NMC issued a fresh notice on April 1, 2025, ordering its voluntary removal within 15 days. The panel once again attempted to approach the HC. However, on April 16, before their plea could be heard, the NMC demolished the entire dargah. The demolition was followed by violent clashes. More than 30 people — mostly from the Muslim community — were arrested. Three-dozen police personnel were reportedly injured.
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