TAHSEEN ANJUM SHAFIKULLAH SIDDQUIversusSTATE OF MAHARASHTRA THROU. GOVT PLEADER AND ORS

                                                                                        914.WP.10421.2026 .doc
ANANT
KRISHNA
NAIK
Digitally signed
by ANANT
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KRISHNA NAIK
Date: 2026.10.03
14:56:42 +0530
                                        CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 10421 OF 2026

                   Tahseen Anjum Shafikullah Siddqui                               ...Petitioner
                          Versus
                   State Of Maharashtra & Ors                                      ...Respondents

                   Mr. Y. Khan a/w. Adv. Khan Ali Raza for the Petitioner
                   Mrs. Neha S. Bhide, GP a/w. K. B. Dighe, Addl. GP, Ms Pooja Patil, AGP for the
                   Respondent-State.
                   Mr. Anand Kulkarni a/w. Mr. Mandar Limay for the Respondent No. 2


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

                                         DATE      : 1st OCTOBER, 2026.

                   P.C.:


                   1.      Heard learned Counsel for the parties.


                   2.      The instant Writ Petition is preferred for the following substantive reliefs:


                           “A. Issue a writ of mandamus or any other appropriate writ, order or
                           direction directing Respondent No.1-State of Maharashtra,
                           Respondent No.2-Thane Municipal Corporation, and Respondent
                           No.5-Superintendent of Police, Anti-Corruption Bureau, to forthwith
                           initiate independent, high-level, time-bound inquiry into the acts of
                           omission, corruption, abuse of official position and dereliction of
                           statutory duties committed by Respondent Nos. 3, 4, 6, 7, 8 and 9, as
                           disclosed in the Petitioner's representation dated 17.11.2025 and
                           subsequent complaint dated 02.01.2026.
                           B. Direct Respondent No.5 - Anti-Corruption Bureau to register
                           offences under the Prevention of Corruption Act, 1988 and other
                           applicable penal provisions against the delinquent officers of Thane
                           Municipal Corporation, including Respondent Nos. 3, 4, 6, 7, 8 and 9,
                           who facilitated and shielded unauthorized constructions in willful
                           disobedience of orders passed by this Hon'ble Court.
                           C. Declare that the deliberate failure and inaction of Respondent Nos.
                           2 to 9 in preventing and demolishing unauthorized constructions,


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       despite categorical findings in official reports and binding directions
       of this Hon'ble Court, amounts to arbitrary exercise of power, mala
       fide abdication of statutory duties, and violation of fundamental rights
       guaranteed under Articles 14 and 21 of the Constitution of India.
       D. Direct Respondent Nos. 3, 4, 6, 7, 8 and 9 to personally
       compensate the Petitioner and 1.961 affected families for the loss of
       shelter, livelihood, and damages suffered due to their corrupt practices
       and deliberate inaction, and to deposit such compensation before this
       Hon'ble Court within a time-bound period.
       E. Appoint an independent committee/commission under the
       supervision of this Hon'ble Court to monitor the inquiry, fix
       accountability, and recommend systemic safeguards to prevent
       recurrence of such large-scale unauthorized constructions within
       Thane Municipal Corporation limits.
       F. Direct Respondent No.2- Thane Municipal Corporation to frame
       and implement transparent mechanisms for immediate detection,
       prevention, and demolition of unauthorized constructions, including
       mandatory public disclosure of sanctioned plans, inspection reports,
       and demolition orders.
       G. Direct Respondent No. 10 - the Senior Inspector of Police, Daighar
       Police Station, to forthwith extend adequate and continuous police
       protection to the Petitioner and her family, and to ensure that no
       coercive, threatening, or retaliatory action is taken against the
       Petitioner, directly or indirectly, on account of instituting and
       prosecuting the present Writ Petition.”


3.     In the light of a previous Order passed by this Court, some steps were taken.

However, thereafter, according to the learned Counsel for the Petitioner, there is

substantial encroachment on the subject property. Learned Counsel for Petitioner

has confined the relief at present to the representation dated 17 th November, 2025

and a subsequent Complaint dated 2nd January, 2026 be decided in accordance with

law.


4.     Considering the factual situation as emerged before us, we are not inclined

to issue Notice to the private Respondents, and/or keep this Petition pending. We



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expect the Thane Municipal Corporation to decide the representation dated 17th

November, 2025 and the subsequent Complaint dated 2 nd January, 2026 filed by the

Petitioners expeditiously, preferably within a period of three months from the date

of production of a certified copy of this Order, in case there is no other legal

impediment, certainly after giving ample opportunity of hearing to all

stakeholders.


5.     With the aforesaid direction, the Writ Petition is Disposed Of.


6.     Needless to state, we have not adverted into the merits of the matter and all

contentions of the parties are kept open.




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




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