Bombay High Court
VINAYAK SURYAKANT MOREversusTHE COMMISSIONER OF THANE MUNICIPAL
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed as infructuous, with no merits adjudicated.
Summary
The petitioner, Vinayak Suryakant More, filed a writ petition alleging that the Thane Municipal Corporation demolished his construction arbitrarily without granting him a hearing as mandated by law. The respondents contended that a notice dated 10 July 2026 had already concluded the proceedings and the demolition was completed, leaving no relief for the petitioner. The Court observed that, given the demolition was already effected, the petition had become infructuous. Consequently, the Court did not examine the merits of the petition and directed the petitioner to seek any further relief before the appropriate authority. The writ petition was therefore disposed of without any substantive adjudication.
Issues considered
- Whether the writ petition is maintainable when the alleged demolition has already been completed and no relief remains.
Subjects
- writ petition
- demolition
- administrative law
- right to be heard
- infructuous petition
Judgment
Digitally signed
by MAYUR
MAYUR KONDIRAM
ADANE
KONDIRAM Date:
ADANE 2026.09.23
11:19:36
+0530
19-WP-11348-2026 (C).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11348 OF 2026
Vinayak Suryakant More ...Petitioner
Versus
The Commissioner Of Thane Municipal ...Respondent
...
Adv. Raju M. Yamgar, i/b Adv. Rajesh D. Kakad, for the Petitioner.
Adv. Mandar Limaye, for the Respondent-TMC.
Adv. Neha S. Bhide, G.P., a/w Adv. K.B. Dighe, Addl. G.P., Adv. S.P.
Kamble, AGP, for Respondent-State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 22nd SEPTEMBER, 2026.
P.C.:
1. The instant Writ Petition has been preferred with the
grievance that the Respondents have carried out the alleged
demolition in an arbitrary manner, without according any
opportunity to the Petitioner as required under the law.
2. Per contra, learned counsel for the Respondents submits that
pursuant to the Notice dated 10 th July 2026, the proceedings in
regard to the subject issue, have already been finalized by the
Respondent – Corporation and the construction in question has
been demolished. As such, nothing survives in the Writ Petition.
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19-WP-11348-2026 (C).doc
He, however, submits that whatever rights are admissible, the same
may be pressed before the appropriate forum in accordance with
law.
3. Considering the aforesaid factual situation, the Writ Petition
has been rendered infructuous.
4. We leave it open to the Petitioner to claim/press appropriate
relief before the Competent Authority in accordance with law.
5. This Court has not adjudicated upon or expressed any
opinion on the merits of the case.
6. With the aforesaid leave, the Writ Petition stands Disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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