ZAMIR HASSAN RASHID AHMED SHAIKHversusKALYAN DOMBIVALI MUNICIPAL CORPORATION THR THE MUNICIPAL COMMISSIONER AND ORS

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           Ashwini
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

ASHWINI
PRASAD
                                        WRIT PETITION NO.10629 OF 2025
NARHIRE
Digitally signed by
ASHWINI PRASAD
                                                    WITH
NARHIRE
Date: 2026.10.06
11:25:37 +0530
                                     INTERIM APPLICATION NO.7755 OF 2026
                                                      IN
                                        WRIT PETITION NO.10629 OF 2025

                      Zamir Hassan Rashid Ahmed Shaikh                   ...Petitioner
                           Versus
                      Kalyan Dombivali Municipal Corporation
                      through the Municipal Commissioner
                      & Ors.                                             ...Respondents
                                                            ...
                      Mr. Raj Chourasia for the Petitioner.

                      Mr. A. S. Rao for Respondent Nos.1 to 3.

                      Mr. Rajesh P. Khobragade for the Applicant/Intervener.
                                                            ...

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

                                         DATE : 5th OCTOBER, 2026.

                      P.C.:
                      1.      We have learned counsel for the parties.


                      2.      This instant Petition is preferred for the following substantive

                      reliefs:-

                              “a)   The Hon’ble Court be pleased to issue a writ, order or
                              direction in the form of a writ of mandamus or any other writ/



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     order/ direction against the Respondents to forthwith take
     necessary and appropriate action in accordance with law
     against the illegal and unauthorised construction being
     carried     out   the   opposite    side       of     Petitioner’s    building,
     permanently blocking the access road;

     b)    The Hon’ble Court be pleased to direct the Respondent
     No.1 to initiate departmental enquiry against the Division Area
     Officer, “J” Ward, having office at Unauthorized Construction
     Department, Kalyan Dombivli Municipal Corporation for the
     deliberate negligence and failure on his part to perform his
     statutory     duty      to   prohibit       illegal    and     unauthorised
     construction being carried out the opposite side of Petitioner’s
     building permanently blocking the access road and further to
     take appropriate action as per the law.”

3.   Learned counsel for the Petitioner fairly submits that the

Petitioner has already instituted a Regular Civil Suit No.302 of 2025

before the Civil Judge (Junior Division), Kalyan, wherein the

interim relief to maintain status quo was already granted.

Accordingly, he seeks leave of this Court to withdraw this Petition.


4.   Considering the factual situation as emerged before us, we are

not inclined to permit the Petitioner to pursue the parallel

proceedings as the complaint/grievance raised by the Petitioner is

of civil nature which can duly be adjudicated by the Competent

Civil Court. The Writ Petition is accordingly Dismissed as

Withdrawn. We leave it open to the Petitioner to press such relief

before the Competent Civil Court, in accordance with law.



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5.     In view of the above, Interim Application would not survive

and stands disposed of.


6.      This order is passed with due assistance of Mr. A. S. Rao

learned counsel for Respondent Nos.1 to 3.




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




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