ZIYAURRAHMAN MOHAMMAD ISHAQUE AND ORSversusTHE MALEGAON MUNICIPAL CORPORATION AND ORS

        Digitally
        signed by
                                                                                          17.WP.12465.2026.doc
        ANANT
ANANT   KRISHNA
KRISHNA NAIK
NAIK    Date:
        2026.09.28
        10:58:50
        +0530




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 12465 OF 2026

                     Ziyaurrahman Mohammad Ishaque & Ors                            ...Petitioners
                           Versus
                     The Malegaon Municipal Corporation & Ors                       ...Respondents

                     Mr. Sanjeev Gorwadkar, Senior Advocate a/w. Mr. Javed Patel, Parth H. Zaveri,
                     Mohd. Hussain i/b. Momin Musaddique Ahmed for the Petitioners.
                     Mrs. Neha S. Bhide, GP a/w. O. A. Chadurkar, Addl. GP, Mrs. G. R. Raghuwanshi,
                     AGP for the Respondent Nos. 4, 5, 7 to 8


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

                                           DATE     : 24th SEPTEMBER, 2026.

                     P.C.:


                     1.      By the instant Petition, the Petitioners pray for the following substantive

                     reliefs: -


                             “(a)   Issue Rule;
                             (b)     Issue an appropriate writ, order or direction in the nature of
                             Mandamus directing the Respondents, particularly Respondents No.1
                             to 4 and 6, to forthwith discharge their mandatory statutory obligations
                             under the provisions of the Maharashtra Regional and Town Planning
                             Act, 1966 and the Maharashtra Municipal Corporation Act, 1949 by
                             directing them to take immediate and effective action against every
                             encroachment, unauthorized construction, illegal development and
                             unlawful occupation existing upon land bearing Survey No.122/1
                             situated at Village Malegaon, Taluka Malegaon, District Nashik, and
                             forthwith to demolish the same;
                             (c)    Issue an appropriate writ, order or direction in the nature of
                             Mandamus directing the Respondents to complete such proceedings
                             expeditiously and within a time-bound period as may be fixed by this


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      Hon'ble Court and remove and demolish every unauthorized
      construction and encroachment found upon Survey No.122/1 using
      such force as may be permissible in law;
      (d)    Issue an appropriate writ, order or Mandamus or any other
      appropriate writ or order directing the Respondents to restore and
      maintain Survey No.122/1 to the condition contemplated under the
      sanctioned Development Plan and to ensure that the reservation
      forming part of Reservation Site Nos.293 and 294 is preserved and
      protected until modified or deleted in accordance with law;
      (e)    Issue an appropriate writ, order or direction in the nature of
      Issue Mandamus or any other appropriate writ or order directing the
      Respondents to submit "Action Taken Report before this Hon'ble
      Court.”


2.    We have heard the learned Counsel appearing for the Petitioner and the

learned Counsel for the Respondents. In view of the order that we propose to pass

today, we are not inclined to issue Notice to the Respondents or keep the matter

pending.


3.    Learned Senior Advocate appearing on behalf of the Petitioners submits that

the Petitioner has already made a Complaint dated 7 th January, 2026 regarding

removal of encroachment and unauthorized structures/constructions from the land

bearing Gut/Survey No. 122/1 Village Malegaon, Taluka Malegaon, District

Nashik, forming part of Reservation Site Nos. 293 and 294, reserved under the

sanctioned Development Plan for High School, Garden and Playground, under the

provisions of the Maharashtra Regional and Town Planning Act, 1966. He submits

that inspite of a detailed Complaint, the same has not been addressed by the

Respondent-Authorities, until date.


4.    Considering the factual situation of the matter, we are not inclined to go into



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the merits of the aforesaid matter. We direct the Respondents to decide the

aforesaid Complaint dated 7th January, 2026 filed by the Petitioners expeditiously,

preferably within a period of three months from the date of production of a

certified copy of this Order, in case there is no other legal impediment, certainly

after giving sufficient opportunity of hearing to all stakeholders.


5.     With the aforesaid direction, the Writ Petition is Disposed Of.


6.     Needless to state, we have not adverted to the merits of the matter and all

contentions of the parties are kept open.



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




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