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Synopsis

The Supreme Court, while granting interim stay in the Nashik Dargah Demolition Case, sought response from the Bombay High Court over non-listing of plea despite urgency, relying on specific submissions made before the Court.

A Division Bench of Justice PS Narasimha and Justice Joymalya Bagchi observed,

“We have taken this extraordinary measure in view of the specific statement of the learned senior counsel that efforts were made every day for getting the case listed. We are unsure of the statement made and that the High Court would not have listed the case despite repeated request. This is a serious statement and the learned counsel shall take and feel responsibility of the consequence of such a statement…We direct the Registrar General of the High Court of Judicature at Bombay to send a report about the listing of Writ Petition.”

Brief Background

A writ petition was instituted before the Bombay High Court on 07.04.2025 seeking to quash and set aside the notice dated 01.04.2025, issued by the Nashik Municipal Corporation.

The said petition was mentioned before the Court on 08.04.2025 for urgent listing, however the same was refused.

In the petition before the Top Court, the petitioners stated;

“The urgency in the hand is that the impugned notice before the Hon’ble Bombay High Court is that the religious structure will have to be demolished within a period of 15 days which means that the corporation would demolish the religious structure on 15.04.2025 if the directions contained in the notice are not complied with by the present petitioner,”

Case Title: Hazrat Saatpeer Sayed Baba Dargah v. Nashik Municipal Corporation