Bombay High Court
ISAK MAKNOJIAversusTHE STATE OF MAHARASHTRA THR URBAN DEVELOPMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court extended the interim protection until the Minister passes an interim or final order and disposed the writ petition pending the appeal.
Summary
The petitioner, Isak Maknojia, filed a writ petition seeking protection against actions of the State of Maharashtra and the Bombay Municipal Corporation. The High Court had earlier granted a six‑week protection period to approach the Minister, which was later extended by an order dated 13 February 2026. Since the Minister had not yet ruled, the Court further extended the interim protection until the Minister issues either an interim or final order, after which the protection would cease. The Court emphasized that this extension was without prejudice to the parties' rights and that the pending appeal would be decided on its merits. Consequently, the writ petition was disposed of pending the Minister's decision.
Issues considered
- Whether the interim protection granted to the petitioner should be extended pending a ministerial order
- Whether the writ petition can be disposed of pending the merits of the appeal
Subjects
- writ petition
- interim protection
- ministerial order
- administrative law
- high court
Judgment
Gitalaxmi 904-WP-10450-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10450 OF 2026
ISAK MAKNOJIA ...PETITIONER
Versus
THE STATE OF MAHARASHTRA
THROUGH URBAN DEVELOPMENT
DEPARTMENT AND ANOTHER ...RESPONDENTS
Mr. Uzair Kazi a/w Mr. Rohit Vaishya i/b YMK Legal,
Advocates for the Petitioner.
Mr. Santosh Mali a/w Mr. Digambar Kawale, Advocates for
Respondent No. 2-BMC.
Mr. Y. D. Patil, AGP for the State-Respondent No. 1.
CORAM : ARUN R. PEDNEKER, J.
DATE : 20th AUGUST, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
2. Learned AGP for the State-Respondent No. 1 has placed on
record a communication dated 19th August, 2026, indicating that the
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20th AUGUST, 2026
Gitalaxmi 904-WP-10450-2026.docx
Appeal filed by the Petitioner before the learned Minister, is kept for
hearing on 2nd September, 2026 at 3:30 p.m.
3. Learned counsel for the Bombay Municipal Corporation
submits that this Court by earlier order has protected the Petitioner
for a period of 6 weeks to approach the Minister and the same was
also continued by the subsequent order dated 13 th February, 2026.
However, the matter is not so far heard by the Minister.
4. Considering the aforesaid submissions, the order passed by
this Court dated 13th February, 2026 is extended till the learned
Minister passes interim order or a final order without interim order
in the matter, whichever is earlier.
5. The interim protection will cease to exist once the learned
Minister passes any interim order or final order without interim
order, in the matter and the order of the learned Minister would
thereafter take effect.
6. This order is passed without prejudice to the rights and
contentions of the parties and the pending Appeal to be decided on
its own merits.
7. In view of the above, Writ Petition No. 10450 of 2026
stands disposed of accordingly.
[ ARUN R. PEDNEKER, J.]
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20th AUGUST, 2026
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.08.24
19:32:45 +0530
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