Bombay High Court

AMAR CHINTAMAN KINIversusSTATE OF MAHARASHTRA THROU. COMMISSIONER VASAI VIRAR CORPORATION AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court refused to grant mandamus and disposed of the petition, directing the corporation to consider any representation within eight weeks.

Summary

Amar Chintaman Kini filed a writ petition seeking a mandamus directing the State of Maharashtra and the Municipal Corporation to cancel a Commencement Certificate issued to Siddharth Co‑operative Housing Society. The petitioner did not appear before the Court. The Court declined to grant the drastic relief, noting that the petitioner could first file a representation with the Corporation. It directed the Corporation to consider any such representation within eight weeks and to afford a hearing to those likely to be affected. No merits of the underlying dispute were examined. Consequently, the petition was disposed of.

Issues considered

Whether a writ of mandamus can be issued to cancel a Commencement Certificate issued by a municipal corporation
Whether the petitioner has the requisite locus standi to seek such relief
Whether the petitioner must first approach the corporation with a representation before invoking judicial intervention

Subjects

mandamus
commencement certificate
municipal corporation
representation
writ petition
procedural law

Judgment

                                                                   37-WP-12593-2025.doc

 PURTI                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 PRASAD
 PARAB                            CIVIL APPELLATE JURISDICTION
Digitally signed by
PURTI PRASAD
PARAB
Date: 2026.09.03
18:05:11 +0530
                                 WRIT PETITION NO. 12593 OF 2025

      Amar Chintaman Kini                                          … Petitioner
              Versus
      The State of Maharashtra and Ors.                             ... Respondents
                           __________________________

     None for the Petitioner.
     Mr. A.I. Patel, Addl. G.P. a/w Ms. R.A. Salunkhe, AGP for Respondent –
     State.
                            __________________________

                                             CORAM      : M. S. KARNIK AND
                                                          SANDESH D. PATIL, JJ.
                                             DATED      : 1st SEPTEMBER, 2026.

     P.C. :

     1.                    None appeared for the Petitioner when the matter was called

     out.             The Petitioner is seeking a relief of Mandamus for directing the

     Respondents to cancel the Commencement Certificate issued by the

     Respondent - Municipal Corporation to the Respondent - Siddharth

     Co.operative Housing Society. We are not inclined to grant this drastic

     relief to the Petitioner at this stage. Be it as it is, the Petition was filed in

     the year 2025. If at all the Petitioner has got any grievances, the Petitioner

     is at liberty to file a proper representation to the Corporation. If such

     representation is filed, the Corporation to decide the representation of the

     Petitioner on its own merits.          It is made clear that we have not gone into

     the merits of the matter and all contentions of all the parties are left open.

        Purti Parab                                                                   1/2
                                                           37-WP-12593-2025.doc

2.             If such a representation is filed, the Corporation is directed to

decide such a representation made, if any, within a period of eight weeks

from the date of making some representation. Needless to say, the

Corporation should grant adequate opportunity to the persons who are

likely to be affected by any order likely to be passed in the proceedings

before the Corporation.



3.             With the aforesaid observation, the Petition is disposed of.




(SANDESH D. PATIL, J.)                                      (M. S. KARNIK, J.)




 Purti Parab                                                                  2/2

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