In an unusual and urgent intervention, the Supreme Court of India has sought an explanation from the Registrar General of the Bombay High Court regarding a serious allegation that the High Court refused to urgently list a plea challenging a demolition notice issued against a religious structure, Hazrat Satpeer Sayed Baba Dargah, in Nashik.
The matter was brought before the Supreme Court on April 16, 2025, when a bench comprising Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi heard the plea filed by the Dargah management. The petitioner claimed that despite filing a writ petition before the Bombay High Court on April 7, 2025, seeking to quash a demolition notice dated April 1, the High Court had declined urgent listing of the case.
"We are unable to understand what transpired from April 9 till today. Learned counsel submits that they have been trying every day to get the matter listed,"
— Supreme Court bench remarked during the hearing.
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According to the petition, a praecipe was filed on April 8, 2025, requesting the Bombay High Court to list the matter urgently on April 9 for interim relief, particularly to stay the demolition notice. However, the High Court refused urgent circulation of the case, raising serious concerns from the apex court.
During the Supreme Court proceedings, Senior Advocate Navin Pahwa appeared for the petitioner, supported by Advocate-on-Record Jasmeet Singh, Pranav Menon, and Vivek Punjabi. The bench observed that the petitioner had approached the top court due to the imminent threat of demolition of a religious structure, which required immediate judicial attention.
"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,"
— the bench added.
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The Supreme Court, taking cognizance of the urgency, issued an interim stay on the demolition notice dated April 1, 2025, thereby halting any demolition action by the Nashik Municipal Corporation for the time being. The bench further directed the Registrar General of the Bombay High Court to submit a report on the status of the listing of the writ petition.
“In the meanwhile, there shall be a stay of notice dated 01.04.2025 issued by the respondent no. 1–Nashik Municipal Corporation as prayed for,”
— ordered the Supreme Court.
The case has now been listed for further hearing on April 21, 2025.
Meanwhile, unconfirmed media reports suggested that the Dargah may have already been demolished just hours before the Supreme Court's interim stay order. This development, if verified, may further complicate the legal and procedural aspects of the case.
The original writ petition filed before the Bombay High Court was under Article 226 of the Constitution, seeking to quash the demolition notice and obtain a stay on it. However, due to the alleged non-listing of the petition, the petitioner had no option but to seek recourse before the apex court.
