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Bombay High Court

CHAYA DATTATRAY PATILversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as the matter is a civil dispute between private parties and not within the jurisdiction of a writ.

Summary

Petitioner Chaya Dattatray Patil filed a writ petition seeking a direction to the State and the Bombay Municipal Corporation to demolish an unauthorised construction allegedly carried out by Respondent No.3 on the petitioner's land in Thane. The petition noted that a civil suit (RCS Suit No.678/2024) is already pending in which the petitioner is a defendant. The Court observed that the dispute is purely civil between private parties and not amenable to writ jurisdiction. Consequently, the Court declined to entertain the writ petition and directed the petitioner to pursue relief through the pending civil suit or a separate appropriate proceeding. The writ petition was therefore disposed of.

Issues considered

  • Whether a writ petition is maintainable for a civil dispute concerning unauthorised construction on private land
  • Whether the High Court can direct the Bombay Municipal Corporation to demolish the construction through a writ

Subjects

  • writ jurisdiction
  • civil suit
  • unauthorised construction
  • demolition
  • Bombay Municipal Corporation
  • private land dispute

Judgment

                                                                                    44-WP-13440-2025 (C).odt

      Pallavi

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

PALLAVI
MAHENDRA
           by PALLAVI
           MAHENDRA
           WARGAONKAR
                                              WRIT PETITION NO. 13440 OF 2025
WARGAONKAR Date:
           2026.09.23
           14:57:51
           +0530


                              Chaya Dattatray Patil                         ...Petitioner
                                   Versus
                              The State Of Maharashtra And Ors.             ...Respondents
                                                                ...
                              Mr. Pavan Patil a/w Mr. Shubham Saraf for the Petitioner.
                              Mrs. Neha S. Bhide, GP a/w Mrs. Reena Salunkhe, AGP for the
                              Respondents.
                                                                ...

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

                                           DATE    : 22nd SEPTEMBER, 2026.


                              P.C.:
                              1.      We have heard learned counsel for the Respondents - State.


                              2.      The instant Writ Petition is preferred for a direction to the

                              Respondents - BMC to carry out demolition of unauthorised

                              construction which is carried by the Respondent No.3 and her

                              family members on the land of the Petitioner, bearing New Survey

                              No.85/5/1 (Old Survey No.200/5/1) situated at Mauje Rai, Taluka

                              Mira Bhayander, District Thane.

                              3.      The record reflects the dispute is purely of civil nature

                              wherein the private Respondent is Respondent No.3, has already

                              instituted a suit bearing RCS Suit No.678/2024, which is said to be



                                                                 1
                                                       44-WP-13440-2025 (C).odt


pending consideration, wherein the Petitioner is also one of the

defendants.

4.     Considering the relief as prayed for, we are not inclined to

entertain the instant Writ Petition as the dispute is purely of a civil

nature between the private parties.

5.     We leave it open to the Petitioners to contest the instant civil

suit proceeding and/or constitute a separate proceeding in

accordance with law, if so advised.

6.     In view of the aforesaid observations, this Writ Petition stands

Disposed Of.




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




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