Bombay High Court

RAVINDRA VASANT BADGUJAR AND ANOTHERversusUNION OF INDIA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition cannot be entertained and is dismissed.

Summary

Petitioners Ravindra Vasant Badgujar and another filed a writ petition challenging a notice dated 07.09.2025 that alleged encroachment on their property. They sought relief under Article 226 of the Constitution. The Court noted that a similar petition (Writ Petition No. 15072 of 2025) had been declined because the matter involved disputed facts and there was no documentary evidence to establish illegal construction. Relying on that earlier determination, the Court held that the present petition likewise could not be entertained. Consequently, the petition was disposed, with the Court granting the petitioners liberty to pursue an appropriate remedy elsewhere.

Issues considered

Whether the High Court can entertain a writ petition under Article 226 when the dispute involves factual issues and lacks documentary evidence of alleged encroachment

Subjects

Article 226
writ petition
encroachment
factual dispute
jurisdiction
dismissal

Judgment

2026:BHC-AUG:45871-DB


                                                   {1}                  22-WP-12856-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     22 WRIT PETITION NO. 12856 OF 2026

                                     Ravindra Vasant Badgujar And Another
                                                     Versus
                                           Union Of India And Others

              Mr. P.C. Bondar, Advocate for the Petitioners
              Mr. B.B. Bhise, AGP for the State
              Mr. N.U. Yadav, Standing counsel for Respondents No. 1 and 3

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                            DATE : 30th SEPTEMBER, 2026
              PER COURT :

              1.       The similar challenge raised by the petitioners was declined to be
              considered by this Court in the earlier round of litigation in Writ
              Petition No. 15072 of 2025 on the ground that disputed questions of
              fact have been raised and there is absolutely no document on record to
              show that the construction which is addressed as encroachment in the
              impugned notice dated 07.09.2025 is illegally constructed, this Court
              cannot consider the matter further and this is not a fit case for
              exercising of powers under Article 226 of the Constitution of India.


              2.       In the light of above, we are not inclined to entertain the
              petition. Writ Petition is therefore disposed of by granting liberty to the
              petitioners to avail appropriate remedy.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)


              Bhagyawant Punde

Continue reading with your account

Checking your session…