Bombay High Court

SHRI. RAHUL HARINATH PALversusBHIWANDI-NIZAMPUR MUNICIPAL CORPORATION AND ORS

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The interim injunction no longer subsists, and consequently the writ petition is disposed.

Summary

Rahul Harinath Pal filed a writ petition before the Bombay High Court challenging the actions of the Bhiwandi-Nizampur Municipal Corporation. The petition hinged on an interim injunction previously granted by a civil court in a separate proceeding against the petitioner. The corporation contended that the injunction no longer existed due to subsequent orders and therefore the petitioner’s relief was no longer tenable. The court accepted the corporation’s submission, directing that any action against the structures in question be taken within ten weeks of the order. Finding no remaining issue for adjudication, the court disposed of the writ petition.

Issues considered

Whether the interim injunction previously granted continues to operate for the purposes of the writ petition
Whether the writ petition remains maintainable in view of the subsequent orders removing the injunction

Subjects

interim injunction
writ petition
municipal corporation
civil appellate jurisdiction
disposal

Judgment

                                                          30-WP-12811-2024.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 12811 OF 2024
Rahul Harinath Pal                       .....Petitioner
                      Versus
Bhiwandi-Nizampur Municipal Corporation
and Ors.                                           .....Respondents
                                 .....
Mr. Balasaheb G. Ligade i/b Mr. Drupad S. Patil, for the Petitioner.

Mr. Narayan R. Bubna a/w Mr. Aryanraj A. Acchra, for the
Respondent-Corporation.
                         ..…
                                   CORAM : M. S. KARNIK &
                                           SANDESH D.PATIL, JJ.
                                   DATE   : 18th AUGUST 2026
P.C.:-

1.        Learned Counsel for the Respondent-Corporation submits that

there was some legal impediment in the form of an interim

injunction made by the competent Civil Court in a proceeding filed

by the violator. The legal impediment now no longer subsists in view

of the subsequent orders that have been passed. In such view of the

matter, learned Counsel for the Corporation submits that appropriate

actions against the structures which is the subject matter of the

Petition shall be taken within a period of 10 weeks from the date of

communication of this Order.



Manisha                                                                  1/2
             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.08.19
             12:57:31 +0530
                                                          30-WP-12811-2024.doc


2.        In such view of the matter, nothing survives for consideration

in the present Petition. In case the order is not complied with, liberty

to apply.


3.        Accordingly, Writ Petition No.12811 of 2024 stands disposed of.




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




Manisha                                                                  2/2

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