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]
2
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