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Bombay High Court

VINAYAK DATTATRAY BELAMKARversusTHE LEARNED MUNICIPAL COMMISSIONER PUNE MUNICIPAL CORPORATION AND ANR

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of with a direction to the respondents to decide the petitioner’s representation within three months.

Summary

The petitioner, Vinayak Dattatray Belamkar, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the Pune Municipal Commissioner and the City Engineer to decide his representation dated 15 May 2025 concerning an illegal encroachment on his land. He alleged that despite a representation and a reminder, the municipal authorities had taken no action. The Court noted that no notice to the respondents was required given the nature of the order sought. Without addressing the merits, the Court disposed of the petition, directing the respondents to decide the representation within three months of the certified copy of the order. The petition was thus dismissed with a directive for expeditious consideration.

Issues considered

  • What relief, if any, can be granted under Article 226 for a failure of municipal authorities to decide a representation?
  • Is a notice required before passing a mandamus in such circumstances?

Legislation cited

Subjects

  • writ petition
  • mandamus
  • Article 226
  • municipal corporation
  • illegal encroachment
  • representation

Judgment

           Digitally signed
           by MAYUR
MAYUR    KONDIRAM
         ADANE
KONDIRAM Date:
ADANE    2026.10.09
           13:27:14
           +0530

                                                                                     32-WP-17291-2025 (C).doc

     Mayur
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 17291 OF 2025

                              Vinayak Dattatray Belamkar                                  ...Petitioner
                                   Versus
                              The Learned Municipal Commissioner Pune
                              Municipal Corporation And Anr                           ...Respondents
                                                                  ...
                              Adv. Yatin Malvankar, for the Petitioner.
                                                                 ...
                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                     ADVAIT M. SETHNA, J.

                                               DATE : 8th OCTOBER, 2026.

                              P.C.:
                              1.      Heard learned counsel for the Petitioner.

                              2.      Considering the nature of the order proposed to be passed, no

                              Notice is required to be issued to the Respondents.

                              3.      The Writ Petition is filed under Article 226 of the Constitution

                              of India for the following substantive relief :-

                                             “That this honourable Court be pleased to issue writ
                                             mandamus or in the nature of mandamus or any
                                             other appropriate writ direction and order thereby
                                             directing the Respondent No. 1 and 2 to decide the
                                             representation made by the Petitioner dated
                                             15.05.2025 and the reminder to that effect dated
                                             23.09.2025 and thereafter, proceed against the
                                             illegal encroachment done by the adjacent plot
                                             owner on the plot of land owned and possessed by
                                             the Petitioner.”



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                                                        32-WP-17291-2025 (C).doc


4.     The    Petitioner   asserts    his   grievance   by    way      of     a

Representation dated 15th May 2025 submitted to Respondent No.

2- City Engineer, Pune Municipal Corporation, followed by a

reminder dated 23rd September 2025 addressed to Respondent Nos.

1 and 2. However, till date, the Respondents have not taken any

decision thereon, constraining the Petitioner to approach this Court

seeking a direction to the Respondents to decide the said

Representation/s.

5.     Having regard to the relief/s prayed for in the Petition, no

purpose would be served in keeping this Writ Petition pending for

consideration.

6.     Accordingly, without entering into or adverting to the merits of

the case, the Writ Petition stands disposed of with a direction to the

Respondents/Competent Authority to consider and decide the

Petitioner's Representation dated 15th May 2025 in accordance with

law, expeditiously, preferably within a period of three months from

the date of production of a certified copy of this order by the

Petitioner.

7.     With the above observations/directions, the Writ Petition is

Disposed Of.



     [ADVAIT M. SETHNA, J.]                        [CHIEF JUSTICE]



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