Bombay High Court

YOGESH ABHAG SHINDEversusTHE STATE OF MAHARSHTRA THR GOVT PLEADER AND ORS

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The petition is disposed without adjudicating the merits, directing the respondents to act on the Property Cell report within three months.

Summary

Petitioner Yogesh Abhang Shinde filed a writ petition seeking a mandamus directing municipal officials to act on a Property Cell report and take possession of nine galas/shops illegally occupied for 22 years, and to hold errant officers liable for losses. The respondents argued that they needed reasonable time to implement the report. The Court, without addressing the merits, ordered the respondents to act on the report within three months and disposed of the petition. No substantive findings on liability or possession were made. The order emphasizes expeditious compliance rather than adjudicating the underlying claims.

Issues considered

Whether the respondents can be compelled by a writ of mandamus to take possession of the nine galas/shops occupied illegally.
Whether the court can direct the State and municipal officers to fix liability of errant officers for loss to the public exchequer.
Whether interim relief directing immediate action pending final disposal is appropriate.

Subjects

writ of mandamus
illegal occupation
municipal property
public exchequer
liability of officers
possession
Thane Municipal Corporation

Judgment

(35)-WP-12072-26.doc

PANCHAL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by

BALAJI
BALAJI
GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
WRIT PETITION NO. 12072 OF 2026
2026.09.17
10:32:14
+0530

Yogesh Abhang Shinde ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
...
Mr. Akshay Patil a/w Ms. Devika Madekar, Mr. Krishna
Wankhade i/by Raju Suryawanshi, for the Petitioner.
Smt. Neha Bhide, GP a/w Ms. Rupali Shinde, AGP for the
Respondent No.1/State.
Mr. A. S. Rao a/w Mr. S. R. Kulkarni, for Respondent Nos.2 to
4.
...

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

DATE : 16th SEPTEMBER, 2026.

P.C.:
1. We have heard the learned Counsel for the Petitioner
and learned Counsel for the Respondents.

2. The instant Petition is preferred inter-alia on the
following reliefs :-

“a) this Hon'ble Court be pleased to issue a writ of
mandamus, orders, directions or any other appropriate
writ in that nature, directing the Respondent Nos. 2 to 4
to forthwith act upon the Report dated 26.09.2025 of
Property Cell of Thane Municipal Corporation and
implement it by taking possession of 9 galas/shops
situated in Anandram Laghu Udyog Sankul, Pokhran
Road No.2, Vasant Vihar, Thane by removing illegal
occupants of said galas/shops and take custody of said

1
(35)-WP-12072-26.doc

9 galas/shops in possession of Thane Municipal
Corporation.

b) this Hon'ble Court be pleased to issue a writ of
mandamus, orders, directions or any other appropriate
writ in that nature directing the Respondent No.1 and 2
to fix the responsibility of errant officers of Thane
Municipal Corporation to allow illegal occupants of said 9
galas/shops to occupy same for last 22 years, causing
loss to public exchequer and recover the losses caused to
Thane Municipal Corporation from the personal pockets
of such errant officers.

c) pending the hearing and final disposal of the present
Writ Petition, this Hon'ble Court be pleased to direct the
Respondent Nos. 2 to 4 to forthwith act upon the Report
dated 26.09.2025 of Property Cell of Thane Municipal
Corporation and implement it by taking possession of 9
galas/shops situated in Anandram Laghu Udyog
Sankul, Pokhran Road No.2, Vasant Vihar, Thane by
removing illegal occupants of said galas/shops and take
custody of said 9 galas/shops in possession of Thane
Municipal Corporation.”

3. At the outset, learned Counsel for the Petitioner
submits the a detailed complaint has been made by the
Petitioner to the Respondents. The Property Cell of Thane
Municipal Corporation has prepared a report dated 26 th
September, 2025 in respect of the illegal occupation of 9
galas/shops. Despite such fact finding enquiry, till date, no
remedial measures are taken by the Respondent. Such
situation constrained the Petitioner to invoke the writ
jurisdiction.

4. Learned Counsel for the Respondents at the outset
submits that some reasonable time may be accorded to

2
(35)-WP-12072-26.doc

complete his instructions.

5. Considering the relief as prayed for, we are not
inclined to issue notice and to keep the matter pending for
consideration. With the consent of the parties, in case, there is
no other impediment, we expect in the light of the report dated
26th September, 2025, the Respondents may take action on
merits in accordance with law expeditiously, preferably within
three months from the date of production of this order before
the competent authority of the Respondent No.2.

6. We clarify that we have not adverted to the merits of
the matter to be left open to be urged before the competent
authority of Respondent No.2. With the aforesaid directions,
Writ Petition is Disposed Of.

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

Continue reading with your account

Checking your session…