Bombay High Court

RAJESH CHANDRAMAL GALANIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The measurement of the survey number may be carried out once the petitioner deposits the full measurement charges, irrespective of the joint owner's "no objection" letter.

Summary

The petitioner, Rajesh Chandramal Galani, sought a measurement of a sub‑division of City Survey No. 3550/B/1. The respondent (the municipal authority) refused, stating that a joint owner’s "no objection" letter was required for the measurement. The High Court examined whether the lack of such consent barred the measurement and whether the petitioner could satisfy the statutory requirement by paying the measurement charges. The Court held that the statutory requirement is the payment of the measurement charges, and once these are deposited, the authority must carry out the measurement. Accordingly, the petition was disposed with a direction to the petitioner to deposit the full measurement fees and for the respondent to effect the measurement.

Issues considered

Whether the absence of a joint owner's "no objection" letter prevents the measurement of a sub‑division of a city survey number.
Whether payment of the prescribed measurement charges suffices to compel the authority to carry out the measurement.

Subjects

property law
sub‑division
measurement charges
municipal authority
writ petition
land survey

Judgment

2026:BHC-AUG:39622-DB


                                                {1}
                                                                          85 sr.no..odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               WRIT PETITION NO. 10962 OF 2026
                                     Rajesh Chandramal Galani
                                                                          ….Petitioner
                                             VERSUS

                                The State Of Maharashtra And Others
                                                                      …..Respondent
                                                 …..
              Advocate for the Petitioner : Mrs. Zaware Suvarna M.
              AGP for Respondents: Mr. N.D. Batule.

                                        CORAM : N.B. SURYAWANSHI &
                                                ABASAHEB D. SHINDE, JJ.
                                         DATE : 31 AUGUST, 2026.
              P.C.:-

              1.           The petitioner's request for measurement of sub-division of
              City Survey No. 3550/B/1 is turned down by the respondent No.5 on the
              ground that the joint owner's "No objection" for sub-division of the
              property card is not submitted, so also, such consent letter is necessary
              for measurement of the City survey number for the purpose of sub-
              division.
              2.           Writ petition is disposed of by directing the petitioner to
              deposit the measurement charges for the entire Survey Number, as per
              Rules. If such charges are deposited, the respondent No.5 shall cause the
              measurement to be done.



               [ABASAHEB D. SHINDE]                      [N.B. SURYAWANSHI]
                   JUDGE                                       JUDGE


              grt/-

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