Bombay High Court

RAYSING PHOPARYA PAWARA AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Court held that a prayer for injunction restraining disturbance of peaceful possession cannot be entertained under Article 226 of the Constitution.

Summary

The petitioners filed a writ petition seeking an injunction to restrain the respondents from disturbing their peaceful possession. The petition was filed under Article 226 of the Constitution of India. The Court examined whether such a prayer for injunction falls within the jurisdiction of the High Court under Article 226. It held that the relief sought cannot be entertained under Article 226. Consequently, the petition was disposed of, with the petitioners directed to seek any other appropriate remedy available under law.

Issues considered

Whether a writ petition under Article 226 for an injunction restraining disturbance of peaceful possession is maintainable

Subjects

injunction
Article 226
writ petition
possession
High Court

Judgment

2026:BHC-AUG:1991-DB


                                                                              11297.16wp
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               2 WRIT PETITION NO. 11297 OF 2016

                           RAYSING PHOPARYA PAWARA AND OTHERS
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                   …..
                Ms Renuka Karande, Advocate h/f Mr P. B. Patil, Advocate for
                Petitioners
                Ms R. P. Gour, APP for Respondents/State
                                               …..

                                          CORAM : KISHORE C. SANT
                                                        AND
                                                  SUSHIL M. GHODESWAR, JJ.

                                            DATE : 17th JANUARY 2026

                PER COURT :-


                1.            The petitioners, by way of this petition, pray for order of
                injunction restraining respondents from disturbing their peaceful
                possession.

                2.            Such prayer cannot be entertained under Article 226 of the
                Constitution of India. Hence, this petition is disposed of.

                3.            The petitioners are at liberty to avail remedy, if now
                available under law.




                [SUSHIL M. GHODESWAR, J.]                    [KISHORE C. SANT, J.]
                sjk

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