Bombay High Court
ABDUL RAJAK SHAUKATALI SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Dismissed
Holding
The petition is dismissed as the Court lacks jurisdiction to determine the encroachment and the petitioner failed to join the alleged encroacher or raise requisite RTI pleadings.
Summary
Petitioner Abdul Rajak Shaukatali Shaikh filed a writ petition seeking a direction to the State of Maharashtra and others to act against an alleged illegal encroacher and remove the encroachment on the Corporation DP Road in Solapur. The Court held that it could not determine whether the construction constituted encroachment or was merely unauthorized. It noted that the alleged encroacher, Ambaji Gone, was not made a party to the proceedings and that the petitioner had not pleaded any request for information under the Right to Information Act, 2005 to verify the notice dated 15 March 2021. Because of these procedural deficiencies, the Court declined to entertain the petition. Consequently, the petition was dismissed.
Issues considered
- Whether the High Court can entertain a writ petition seeking direction to remove alleged encroachment on a public road
- Whether the petitioner is required to join the alleged encroacher as a party to the proceedings
- Whether the petitioner must raise a request under the Right to Information Act, 2005 to verify the status of the notice
Legislation cited
Subjects
- writ petition
- illegal encroachment
- jurisdiction
- Right to Information Act
- public road
- procedural default
Judgment
2026:BHC-KOL:9625-DB
35-WP-14738-2023(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14738 OF 2023
Abdul Rajak Shaukatali Shaikh ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
——————
Mr. Mohammad S. Mulla , for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 06, 2026.
P. C. :
1. By the present Petition, the Petitioner seeks a direction to the
Respondent Nos.2 and 3 to take action against the illegal encroacher
and to remove the illegal encroachment on the Corporation DP Road,
Solapur.
2. In exercise of writ Jurisdiction, this Court cannot decide whether
the construction is encroachment or unauthorised. We also find from
the record that, pursuant to the complaint made by the Petitioner on
15th March, 2021, the Corporation had called for an explanation from
the concerned Ambaji Gone. Pertinently, the said Ambaji Gone is not
even made a party to the present proceedings. There is no pleading as
to whether any information was sought under the Right to Information
Act, 2005, to verify the status of the notice dated 15th March, 2021.
Jamadar - SL 1 of 2
35-WP-14738-2023(C).doc
3. In view of the same, we are not inclined to entertain the Petition.
The Petition stands dismissed.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Jamadar - SL 2 of 2
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