Grampanchayat Guha Through Its ... vs The District Collector Ahilyanagar And ... on 7 March, 2026

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              WRIT PETITION NO.2478 OF 2026

            GRAMPANCHAYAT, GUHA & ANOTHER
                            VERSUS
  THE DISTRICT COLLECTOR, AHILYANAGAR AND OTHERS
                                ...
Mr. V. D. Hon, Senior Advocate i/by Mr. R. A. Tambe, Advocate for
the Petitioners.
Mr. C. V. Bhadane, Addl. GP for Respondent Nos.1 and 2.
                                ...
                        CORAM : S. G. CHAPALGAONKAR, J.
                        DATED : 07th MARCH, 2026.
P.C.:-

1.    The present Writ Petition takes exception to order dated

05.03.2026 passed by Chairman/District Judge, Maharashtra State

Waqf Tribunal, Aurangabad in Waqf Suit No.16/2023, by which

application filed by respondents/plaintiffs below Exhibit-57 seeking

police protection has been allowed.


2.    The respondents/plaintiffs instituted Waqf Suit No.16/2023

before Maharashtra State, Waqf Tribunal, Aurangabad seeking

relief against defendants that they be restrained from carrying out

'Arati' in plaintiffs' Waqf Institution/Kanhoba Deo @ Hazrath Baba

Ramzan Dargah, Guha, Tq. Rahuri, Dist. Ahmednagar and also in

peaceful possession of Waqf property mentioned in plaint

paragraph no.1. In that suit, an application has been filed below

Exhibit-5 seeking temporary injunction, in which interim order

dated 09.03.2023 has been passed. The text of operative part is as

under:-
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      "1.   The    plaintiff/applicant     Nos.1    to   11     and
      defendant/respondent nos.1 to 19 are hereby temporarily
      restrained from doing religious activities in suit structure
      situated in Gut No.23 till decision of Exh.5 application.

      2.     Application Exh.5 is expedited.
      3.    Parties are at liberty to bring this order to the notice
      of District Administration of Ahmednagar."

3.     On    05.03.2026,   plaintiffs      filed   application    for    police

protection stating that defendants are violating injunction order.

They have published program of Yatra.                 The plaintiffs made

representation/complaint to District Collector, Sub Divisional

Officer and Tahsildar, but no cognizance is taken. The prayer in

application states as under:

     "a.    May kindly allow this application.

     b.    May kindly grant police protection to implement the
     order passed by this Hon'ble Court dated 09.03.2023 and
     obliged."

4.     On same day, Waqf Tribunal passed impugned order

directing    District   Collector    and     Superintendent       of    Police,

Ahilyanagar (Ahmednagar) to implement order dated 09.03.2023

passed below Exhibit-5 and preserve suit structure in question in

Gut No.23, Guha, Tq. Rahuri, Dist. Ahilyanagar by deploying

necessary police personal for restraining plaintiffs, defendants or

any other person from performing any religious activities over

the suit site as proclaimed by publication issued by Shri. Kanhoba

Urf Kanifnath Devsthan Trust Yatra Committee, Guha.
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5.   Mr. Hon, learned Senior Advocate instructed by Mr. Tambe,

learned Advocate appearing for petitioners submits that petitioners

are not party to Waqf Suit. The petitioner no.1 is Gram Sevak,

Guha.     The petitioner no.2 is administrator and Sarpanch of

Grampanchayat Guha.       The impugned order is passed without

hearing and notice to petitioners or villagers or devotees of

Kanifnath Temple. By inviting attention of this Court to order

impugned, he would submit that Waqf Tribunal exceeded

jurisdiction while passing impugned order and issued directions

against   District   Collector    and   Superintendent   of     Police,

Ahilyanagar to not only implement order dated 09.03.2023 in Waqf

Suit No.16/2023, but also issued direction to deploy       necessary

police personal for restraining plaintiffs, defendants or any other

person from performing any religious activities over suit site. He

would submit that aforesaid order would create law and order

situation, as devotees of Shri. Kanhoba Urf Kanifnath Devsthan

Trust Yatra Committee, Guha would be prevented from performing

annual rituals going on for years together.


6.   Mr. Bhadane, learned Addl. G.P. appearing for respondent

nos.1 and 2 placed on record communication dated 06.03.2026

addressed by Superintendent of Police, Ahilyanagar to Director

General of Police, Maharashtra State, Mumbai which states that

devotees from Hindu as well as Muslim religion performs rituals at
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Kanhoba Deo or Hazrath Baba Ramzan Dargah and there was

never law and order situation.           It states that order dated

09.03.2023 passed by Waqf Tribunal is implemented and parties to

Waqf Suit No.16/2023 have never breached injunction order.


7.    Having considered rival contentions, limited issue that arises

for consideration in this petition is whether impugned order is in

aid of order dated 09.03.2023 passed below Exhibit-5 or it

overreach conspectus of order.


8.    Evidently, injunction order dated 09.03.2023 binds plaintiffs

and defendants in suit and they are temporarily restrained from

doing religious activities in suit structure in Gut No.23 till decision

on Exhibit-5 application.          Apparently, injunction order has

application qua parties to suit. Perusal of main prayers in suit

depicts that decree of perpetual injunction is sought against

defendant nos.1 to 19, their relatives or agents from carrying out

religious activities in premises of plaintiffs Institution. Evidently,

relief claimed in suit or by way of interim application are qua

parties.


9.    It is trite that, Civil Court can invoke inherent powers under

Section 151 of Code of Civil Procedure for enforcement of order of

temporary injunction. However, grant of police protection must be

exception, since it would be extreme step to be taken looking to
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grave emergency or apprehension of violence by persons against

whom order has been passed. The power is to be exercised with

caution and only after when Court is convinced about existence of

grave situation. On, prima facie, consideration of material before

this Court, it can be observed that application Exhibit-57 filed by

plaintiffs alleges that defendants are violating injunction order

dated 09.03.2023 and, therefore, seeks police protection to

implement order passed by Court.         However, order impugned

would show that District Collector and Superintendent of Police,

Ahmednagar is directed to deploy necessary police personal for

restraining plaintiffs, defendants or any other person from

performing any religious activities over suit site. Thus, Tribunal

has passed expansive order to restrain not only plaintiffs and

defendants, but "any other person" from performing religious

activities over suit site.   Apparently, while considering grant of

police protection in aid of order dated 09.03.2023, Tribunal

expanded scope of injunction order and issued direction to District

Administration and Police Authorities to restrain public at large,

apart from plaintiffs and defendants.


10.   In that view of matter, impugned order to the extent it

directs District Administration or Police Authorities to restrain any

other person beyond parties to suit is without jurisdiction. The

police protection cannot extend beyond protection given under
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injunction order dated 09.03.2023, which has limited application

qua parties.          Therefore, part of order to the extent it directs

District Administration or Police Authorities to restrain any other

person (except parties to suit) from performing religious activities

deserves to be stayed by granting ad-interim relief.            In result,

following order is passed:-

                                   ORDER

a. Issue notice to respondents, returnable on 30.03.2026. The

learned Addl. G.P. waives notice for respondent nos.1 and 2.

b. The operation and implementation of impugned order dated

05.03.2026 is stayed so far as it directs District Collector and

Superintendent of Police, Ahilyanagar (Ahmednagar) to restrain

"any other person" (except parties to suit) from performing

religious activities at Kanhoba Deo @ Hazrath Baba Ramzan

Dargah, Guha, Tq. Rahuri, Dist. Ahmednagar.

c. Needless to state here that, District Collector, Ahilyanagar

and Superintendent of Police, Ahilyanagar shall ensure that there

shall not be any damage to suit structure or no law and order

situation emerges at suit site.