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Bombay High Court

AVINASH S/O VASUDEV SOMVANSHIversusTHE STATE OF MAHARASHSTRA THROU. URBAN DEVELOPMENT DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that it will not issue a mandamus for removal of the encroachment but will direct the corporation to decide the pending application on its merits within 60 days.

Summary

The petitioner, Avinash, filed a writ petition seeking a mandamus directing the Panvel Municipal Corporation to grant a building permission application filed on 3 May 2025 and to remove an encroachment as ordered in a 1997 trial court judgment. The petition also asked the court to enforce the earlier judgment of Regular Civil Suit No.15 of 1994. The court noted that the prayer for mandamus to remove the encroachment would not be entertained and that the petitioner could pursue the appropriate remedy under law. The corporation’s counsel, who is on the municipal panel, was asked to assist the court. The court observed that the petition raised a simple procedural grievance regarding the pending application. Consequently, the writ petition was disposed of, directing the corporation to decide the petitioner’s application on its merits within 60 days, following due legal procedure.

Issues considered

  • The corporation’s duty to adjudicate a pending building permission application within a reasonable time.
  • Whether the court can issue a mandamus directing removal of an encroachment based on a prior trial‑court judgment.

Subjects

  • writ of mandamus
  • building permission
  • municipal corporation
  • administrative law
  • pending application
  • procedural grievance

Judgment

                                                                                    22-WP-15690-2025-(C).odt




          Digitally signed

SUNNY
          by SUNNY
          ANKUSHRAO
ANKUSHRAO THOTE
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE     Date:
          2026.01.16
          10:36:57 +0530
                                             CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 15690 OF 2025

                             Avinash S/o Vasudev Somvanshi                        ...Petitioner
                                   Versus
                             The State of Maharashtra & Ors.                      ...Respondents

                             Mr. Shirish Kamble, Advocate for the Petitioner.
                             Mrs. P.N. Diwan, AGP for Respondent No.1/State.
                             Mr. Rohit Sakhadeo, Advocate for the Respondent/Corporation.

                                                          CORAM : RAVINDRA V. GHUGE
                                                                        &
                                                                  ABHAY J. MANTRI, JJ.

                                                           DATE         : 13th JANUARY, 2026

                             P.C. :-

                             1.            The Petitioner’s grievance is that the Application dated

                             3rd May, 2025 seeking building permission from the Corporation, is

                             pending. Insofar as Prayer Clause (C) is concerned, the Petitioner

                             seeks a Writ of Mandamus for directing the Corporation to remove

                             the encroachment as per the Judgment of the Trial Court dated 13 th

                             August, 1997 in Regular Civil Suit No.15 of 1994. We will not

                             consider the said prayer. The Petitioner may avail of a remedy as is

                             permissible in law.




                             SUNNY THOTE                       1 of 2
                                                    22-WP-15690-2025-(C).odt




2.            Since the learned Advocate, Mr. Sakhadeo, is on the

Panel of the Panvel Municipal Corporation, we requested him to

render assistance to the Court. On the request of the Court, he has

caused an appearance.



3.            Since an innocuous prayer for deciding the Application

is made, this Writ Petition is disposed off with a direction to

Respondent No.3/Corporation to deal with the Application of the

Petitioner on it’s own merits and by following the due procedure

laid down in law, within a period of 60 days.




(ABHAY J. MANTRI, J.)                 (RAVINDRA V. GHUGE, J.)




SUNNY THOTE                      2 of 2


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