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Bombay High Court

AVTAR SINGH BALversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the competent authority of the Municipal Corporation must decide the petitioner’s representation within three months, without addressing the substantive merits of the petition.

Summary

Avtar Singh Bal filed a writ petition seeking mandamus to compel the Municipal Corporation of Greater Mumbai (MCGM) to dispose of his representation dated 27 February 2025 for a shop allotment in the redeveloped Babu Genu Market, to allot a ground‑floor shop of 810 sq ft, to correct the recorded area, and to provide related records. The petition also asked for a certiorari to quash any adverse decision allotting a first‑floor shop. The Court, after noting the representation, directed the competent authority of MCGM to decide the representation expeditiously, preferably within three months of the order, and dismissed the petition without addressing the merits. No statutory or case law was cited. The petition was consequently disposed.

Issues considered

  • Whether the municipal corporation is obligated to dispose a representation within a reasonable time and can be compelled by mandamus.
  • Whether the court may direct a specific shop allotment and correction of recorded area in the absence of adjudicating the merits.
  • Whether the petition merits require substantive consideration or can be disposed on procedural grounds.

Subjects

  • mandamus
  • municipal corporation
  • shop allotment
  • representation
  • administrative law
  • BMC
  • redevelopment
  • court direction
  • procedural order

Judgment

                                                                                     (39)-WP-2476-25.doc

      PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION

          Digitally
          signed by
          BALAJI
          GOVINDRAO
                                      WRIT PETITION NO. 2476 OF 2025
BALAJI
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.09.22
          10:31:49
          +0530
                       Avtar Singh Bal                                        ...Petitioner
                            Versus
                       Municipal Corporation of Greater
                       Mumbai & Ors.                                          ...Respondents
                                                           ...
                       None for the Petitioner.
                       Ms. Sheetal Metakari, for the Respondent-BMC.
                                                      ...

                                      CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                              ADVAIT M. SETHNA, J.

                                         DATE : 21st SEPTEMBER, 2026.

                       P.C.:
                       1.          The instant Writ Petition has been filed, inter-alia,
                       praying for the following substantive reliefs :-

                            “a)     That this Hon’ble Court be pleased to Issue a writ of
                            mandamus or any other appropriate writ, order, or direction,
                            directing Respondent No.2, the Municipal Commissioner, to
                            dispose of the representation filed by the Petitioner on 27 th
                            February 2025, in accordance with law, within a stipulated time
                            frame as deemed appropriate by this Hon’ble Court.
                            b)      That this Hon’ble Court be pleased to issue a writ of
                            mandamus directing MCGM to allot a shop on the Ground Floor
                            facing the main road, as per previous assurances and the
                            rightful dimensions of 810 sq.ft. within a period of two weeks or
                            any such time that this Hon’ble Court may deem fit and proper;
                            That this Hon’ble Court be pleased to issue a writ of certiorari
                            quashing any adverse decision allotting the Petitioner a shop on
                            the First Floor.
                            c)      That this Hon’ble Court be pleased to direct MCGM to
                            correct the recorded area from 420 sq.ft. to 810 sq.ft.
                            d)       That this Hon’ble Court be pleased to direct MCGM to
                            furnish certified copies of all records regarding allotment,
                            criteria, and approvals.”


                                                            1
                                                      (39)-WP-2476-25.doc




2.        The    Petitioner,   through   his   Advocate   made        a
representation, which is annexed as ‘Exh-F’ at page No.58 of
this Petition, to Respondent No.1 for the allotment of shop in
the redeveloped Babu Genu Market, as per the redevelopment
scheme.



3.        Considering the facts and circumstances of the case,
we direct the Competent Authority of Respondent No.1 to
decide the representation of the Petitioner expeditiously,
preferably within a period of three months from the date of
production of this Order by the Petitioner.



4.        With the aforesaid directions, Writ Petition is
Disposed Of. We clarify that we have not adverted to the merits
of the matter.




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




                                 2


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