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Bombay High Court

Kuldeep Dattatraya SuryavanshiversusPune Municipal Corporation, Through its Authorized Officer

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of without adjudicating its merits, directing the municipal corporation to decide the pending application within three months.

Summary

Kuldeep Dattatraya Suryavanshi filed a writ petition against Pune Municipal Corporation alleging that the road widening and demarcation work carried out by the corporation was inconsistent across private plots, with some plots receiving only front‑side widening. The petitioner sought the court’s intervention to compel the corporation to complete rear‑side widening where omitted. The corporation and other respondents argued that the matter should be decided by the municipal authority under the Bombay Provincial Municipal Corporation Act, 1949, and that the parties should be given a hearing. The High Court, after hearing counsel, declined to examine the merits of the petition and, with the parties’ consent, disposed of the writ. It directed that the pending statutory legal notice dated 4 November 2025 be decided by the municipal corporation within three months, without the court adjudicating the substantive issues.

Issues considered

  • Whether the High Court should entertain the writ petition on its merits or refer the matter to the municipal corporation under the Bombay Provincial Municipal Corporation Act, 1949.
  • Whether the petitioner is entitled to a court‑ordered direction for completion of rear‑side road widening.

Legislation cited

Subjects

  • road widening
  • municipal corporation
  • writ petition
  • statutory legal notice
  • administrative law
  • jurisdiction

Judgment

                                                                                  30-WP-9633-2026 (C).odt

  Pallavi

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI
MAHENDRA
           WARGAONKAR
WARGAONKAR Date:
           2026.09.11
           19:34:45
                                              WRIT PETITION NO. 9633 OF 2026
           +0530




                              Kuldeep Dattatraya Suryavanshi                   ...Petitioner
                                   Versus
                              Pune Municipal Corporation,
                              Through Its Authorized Officer                   ...Respondent
                                                               ...
                              Mr. Mahindra Deshmukh for the Petitioner.
                              Mr. Manan Sharma, Piyush Sharma and Ms. Payal Sharma for
                              Respondent No.6.
                              Mr. Shashank Bhondave i/b. Manoj Kumar Mishra for the
                              Respondent No.7 - IDFC Bank.
                                                               ...

                                          CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                  ADVAIT M. SETHNA, J.

                                          DATE    : 10th SEPTEMBER, 2026.


                              P.C.:
                              1.      We have heard Mr. Mahindra Deshmukh, learned counsel for

                              the Petitioner. The learned counsel for the Petitioner submits at

                              present, through an Application dated 4th November 2025 which is a

                              Statutory Legal Notice under the Bombay Provincial Municipal

                              Corporation Act, 1949, the Petitioner has ventilated his grievance.

                              This in regard to road widening and physical demarcation of the

                              same which is inconsistent with the larger layout comprising of

                              private plot Nos.1 to 17.

                              2.      Mr. Deshmukh would submit that the Respondent Nos.1 to 3


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                                                       30-WP-9633-2026 (C).odt


i.e. Pune Municipal Corporation have provided only front side of

road widening. Private Plot No.9 belonging to Respondent No.6 has

not provided any rear-side road widening. Further, the Petitioner’s

plot bearing Nos.10A+10B have been provided both front and rear-

side widening, whereas, private plot nos.11 to 17 have only provided

front side road widening.

3.   The learned counsel for the Petitioner has contended that for

the present purposes, the above aspects can be examined by the

Municipal Corporation in accordance with law. Accordingly, he

would submit that the reliefs sought in the Petition be confined to

the Application/ Statutory Legal Notice dated 4th November 2025,

which is stated to be pending consideration. This may be decided

expeditiously.

4.   Mr. Manan Sharma, learned counsel for Respondent No.6 and

Mr. Shashank Bhondave, learned counsel for Respondent No.7 have

appeared. They submit that once the matter is relegated to the

Municipal Corporation which is constituted under the Pune

Municipal Corporation, the relief as pressed before this Court, can

be examined by the Corporation. However, the opportunity of

hearing is to be extended to the respective parties.

5.   Considering the factual situation as emerged, we are not

inclined to advert the matter on merits. With the consent of the


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                                                     30-WP-9633-2026 (C).odt


parties, the instant Writ Petition stands disposed of with an

observation that the Application dated 4 th November 2025 be

decided on its merits and in accordance with law, within a period of

three months from the date of issuance of certified copy of this

order.

6.   Suffice to this, we have not adverted to the merits of the case.

With the above observations and directions, the instant Writ

Petition stands Disposed Of.




[ADVAIT M. SETHNA, J.]                          [CHIEF JUSTICE]




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