Bombay High Court

SANJEEV LAXMINARAYAN UPADHYAY AND ANRversusTHE STATE OF MAHARASHTRA THROU. GOVT PLEADER AND

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The petition is disposed as there is nothing left for consideration following the demolition order.

Summary

The petitioners, Sanjeev Laxminarayan Upadhyay and another, filed a writ petition before the Bombay High Court challenging the demolition of a structure deemed unauthorized. The respondent State, represented by the State’s counsel and the Maharashtra Housing and Area Development Authority (MHADA), submitted that after due hearing it was established that the structure lacked requisite authorization and therefore must be demolished. The Court noted that MHADA had already issued an order on 23 July 2026 directing demolition and that the matter was fully decided. Consequently, the Court held that there was nothing left for further consideration. The petition was therefore disposed of.

Issues considered

Whether the structure in question is unauthorized and liable to demolition
Whether the petition remains maintainable after the demolition order has been issued

Subjects

unauthorized construction
demolition order
writ petition
MHADA
High Court of Bombay
petition disposed

Judgment

          Digitally
          signed by
          RUPALI                                                     60-WP-14005-2024.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.19
          11:32:38
          +0530           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                               WRIT PETITION NO. 14005 OF 2024


                  Sanjeev Laxminarayan Upadhyay & Anr.          ...Petitioners
                       Versus
                  The State of Maharashtra Through
                  Govt. Pleader                                 ...Respondent


                  Mr. Ashish Dubey for the Petitioners.

                  Mr. Kedar B. Dighe, Addl.G.P a/w Smt.Savina R. Crasto, A.G.P for
                  the Respondent-State.

                  Ms. Manisha Jagtap a/w Ms. Yashashree Raut & Mr. Om Pote for the
                  Respondent – MHADA.

                                      CORAM : M. S. KARNIK &
                                              SANDESH D. PATIL JJ.
                                      DATE : 18th AUGUST, 2026



                 P.C. :


                  1.          Learned Counsel for the Respondent – MHADA submitted

                  that after hearing all concerned, it has been found that the structure

                  in question is unauthorized. In such view of the matter, MHADA now

                  has to take appropriate action for demolition of the said structure.

   Wakodikar                                                                          1/2
                                                                 60-WP-14005-2024.doc


            The MHADA may take appropriate action expeditiously as stipulated

            in the order dated 23rd July, 2026 which is placed on record.



            2.         Since the order has been passed, nothing survives for

            further consideration in the petition.



            3.         Petition is disposed of accordingly.



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




Wakodikar                                                                          2/2

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