SULEMAN MOHAMMED HUSSAIN WAWDAversusTHE MUNICIPAL CORPORATION FOR GREATER MUMBAI

                                                                                    21-WP-2589-2026 (OS).doc

     Mayur

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

                                      WRIT PETITION NO. 2589 OF 2026

                      Suleman Mohammed Hussain Wawda                               ...Petitioner
                          Versus
MAYUR                 The Municipal Corporation For Greater
KONDIRAM               Mumbai & Ors                                               ...Respondents
ADANE
Digitally signed by
MAYUR KONDIRAM
                                                             ...
ADANE
Date: 2026.09.13
16:42:01 +0530        Mr. Aseem Naphade, a/w Ms. Ambrin Khan, Mr. Sahil Salvi,
                      Ziman Kha, Mr. Omar Khaiyan Shaikh, for the Petitioner.
                      Ms. Shweta Patankar, for the Respondent No. 1-BMC.
                      Ms. Rukshin Ghaira, (through V.C), a/w Mr. Ishwar Ahuja, i/b
                      Saga Legal.
                                                             ...

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

                                   DATE       : 11th SEPTEMBER, 2026.


                      P.C.:
                      1.           Learned counsel for the Petitioner submits that the

                      instant petition has been preferred, inter alia, seeking the following

                      reliefs :-

                              “(a) To admit the present Writ Petition and issue Rule;
                              (b) To issue writ of mandamus or any other writ in the nature of
                              mandamus order or direction against Respondent No. 1/MCGM to
                              act against Respondent No.2 & 3 in terms of complaint letter dated
                              25th March 2026 (Exh - J) and 30th April 2026 (Exh - L) and
                              demolish the illegal horizontal and vertical extension as well as
                              remove the illegal water connection.
                              (c) Pending the hearing and final disposal of the present Writ
                              Petition, this Hon'ble Court be pleased to order and direct
                              Respondent No.1 to visit the premises and file report as to factual



                                                              1
                                                              21-WP-2589-2026 (OS).doc


      position relating to illegal unauthorised extension as well as illegal
      water connection before this Hon'ble Court.
      (d) Pending the hearing and final disposal of the present Writ
      Petition, this Hon'ble Court be pleased to order inquiry against the
      officers responsible for protecting this illegal and unauthorized
      construction of Respondent No.2 & 3.
      (e) Interim and ad-interim relief in aforesaid terms be granted;
      (f) Cost of this Writ Petition be provided for;
      (g) Any other relief as this Hon'ble Court deem fit and proper be
      granted in the facts and circumstances of the case.”


2.   At the outset, learned counsel for the Petitioner submits that

the complaint which is made against the private respondent who

has instituted the L.C. Suit No. 424 of 2025, vide an order dated

17th November 2025 was passed by the City Civil Court, Mumbai,

granting injunction in the said proceeding. The said order was

assailed by the Petitioner by filing an Appeal from Order.

3.   Learned counsel submits that both the orders as afore-

mentioned, were challenged before the Hon’ble Supreme Court in

Special Leave to Appeal (C) No. 26995 of 2026, Suleman M.H.

Wawda Vs. Laxmansingh Narayansingh Parke & Ors.

3.   It is pointed out that the Hon’ble Supreme Court vide an order

dated 18th August 2026, has stayed the effect and operation of the

order passed by the Trial Court as well as the High Court, until

further orders.

4.   It is submitted in this backdrop as there is no impediment,

the complaint of the Petitioner should be entertained by the

Competent Authority of the Respondent.


                                        2
                                                    21-WP-2589-2026 (OS).doc


5.    Be that as it may. For the above reasons, we are not inclined

to delve into the merits of the matter, at this stage. This is mainly

because the complaint of the Petitioner can be decided in

accordance with law.

6.    Considering the factual situation as has emerged, we expect

the concerned Authority to consider and entertain the complaint of

the Petitioner on its merits and in accordance with law. In case

there is no other impediment, the Authority of the Respondent is at

liberty to proceed accordingly.

7.    With the above directions, the Writ Petition stands Disposed

of.



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




                                  3