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Bombay High Court

PARAS KALA, DRIDA SANSKRUTIK MANORANJAN MANDALversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The High Court held that the relief sought cannot be granted under its writ jurisdiction under Article 226.

Summary

The petitioner, a society/trust, filed a writ petition seeking a mandamus directing the State of Maharashtra not to enter its premises without due legal procedure and to refrain from disturbing the premises during the pendency of the petition. The relief sought was framed as a protection of property rights against arbitrary state action. The High Court examined whether such relief could be granted under its writ jurisdiction under Article 226 of the Constitution. The Court held that the nature of the relief—directing the State not to enter the premises—did not fall within the scope of writ jurisdiction. Consequently, the petition was dismissed. No further orders were made.

Issues considered

  • Whether the High Court can issue a writ of mandamus under Article 226 directing the State not to enter the premises of the petitioner society/trust.

Subjects

  • writ of mandamus
  • Article 226
  • jurisdiction
  • state authority
  • property rights

Judgment

                                                             50-WP-1409-2015 (CR).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR

                        CRIMINAL APPELLATE JURISDICTION

                       CR. WRIT PETITION NO. 1409 OF 2015

Paras Kala, Drida Sanskrutik Manoranjan                   … Petitioner
Mandal
                    Versus
The State Of Maharashtra                                  … Respondent



                                     ——————
None for the Petitioner.
Mrs. S.N. Deshmukh, A.G.P. for the Respondent-State.
                                ——————

                        Coram :     ANIL L. PANSARE &
                                    RANJITSINHA RAJA BHONSALE, JJ.

                        Date    :   28th April 2026.

P. C. :

1.        The Petitioner has filed this Petition seeking the following reliefs :

          “(a) This Hon’ble Court be pleased to issue Writ of Mandamus and or

                any other appropriate Writ, Order and or Direction and be

                pleased to direct the Respondent not to enter the premises of the

                Petitioner Society/Trust, without following due procedure of law

                in the interest of justice.




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                                                                                 50-WP-1409-2015 (CR).docx


                              (b) During the pending and final disposal of the present Writ

                                    Petition, the Respondent be directed not disturb the premises of

                                    the Petitioner Society/Trust.”



                       2.     In our view, the reliefs claimed by the Petitioner cannot be granted

                       while exercising the writ jurisdiction under Article 226 of the Constitution of

                       India. Accordingly, the Writ Petition is dismissed.



                       [ RANJITSINHA RAJA BHONSALE, J. ]                     [ ANIL L. PANSARE, J. ]



           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.04.29
           10:35:26 +0530




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