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Bombay High Court

ASHOK RAMNIWAS VISHWAKARMAversusADDL COLLECTOR (ENCROACHMENT/REMOVAL) WESTERN SUBURB,

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed of by granting liberty to the petitioner to avail an appropriate legal remedy.

Summary

Ashok Ramniwas Vishwakarma filed a writ petition alleging that despite an order dated 19 June 2017 directing action against a developer, the Maharashtra Housing and Area Development Authority (MHADA) failed to act. MHADA produced a copy of a later order dated 14 February 2019 in Writ Petition (L) No.1151 of 2018, stating that the 2017 order had been set aside, rendering the present petition non‑maintainable. The petitioner’s counsel sought liberty for the petitioner to pursue an appropriate legal remedy. The Court accepted this submission and disposed of the petition by granting the petitioner such liberty. No substantive merits on the original grievance were decided.

Issues considered

  • Whether the writ petition remains maintainable after the earlier order of 19 June 2017 was set aside by the order of 14 February 2019.
  • Whether the Court can grant liberty to the petitioner to seek an appropriate legal remedy.

Subjects

  • writ petition
  • liberty
  • set aside order
  • MHADA
  • developer
  • civil procedure

Judgment

                               Digitally
                               signed by
                               CHITRA
                               SANJAY
                                                                    5-WP-3064-2026.DOC
                      CHITRA
                      SANJAY   SONAWANE
                      SONAWANE Date:
                               2026.08.18
                               19:44:37
                               +0530




                                                                           Chitra Sonawane.

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
                   WRIT PETITION NO.3064 OF 2026


Ashok Ramniwas Vishwakarma                                                …Petitioner.
      Versus
Addl.Collector(Encroachment/Removal) Western                         …Respondents.
Suburb & Ors.


Mr. Kaustubh Gidh, Advocate for the Petitioner.
Mr. Mohit Jadhav, Addl. GP with Prashant Kamble, AGP for
      State/Respondent Nos.1 and 4.
Mr. Girish Utangale i/by Utangale & Co., for the Respondent
      No.3/MHADA.


                       CORAM:                    SUMAN SHYAM &
                                                 ADVAIT M. SETHNA, JJ.

                       DATED:                    17th AUGUST 2026.
PC:-


1.     The primary grievance of the Petitioner is to the effect that,
despite the Order dated 19th June 2017, passed by Respondent
No.1, the Respondent No.3-MHADA has failed to take action
against the Developer. In order to enable the learned Counsel for
Respondent No.3 to obtain instructions, we had granted time and
fixed the writ petition today i.e. 17th August 2026.


2.     Mr.Girish    Utangale,               learned       Counsel   for   Respondent
No.3/MHADA has produced a copy of Order dated 14th February
2019, passed in Writ Petition (L) No. 1151 of 2018, to submit that




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                                                  5-WP-3064-2026.DOC




Order dated 19th June 2017 has already been set aside. The same is
retained in record and marked ‘X’ for identification. Therefore,
direction, as prayed for in this writ petition, would no longer be
maintainable in the eyes of law.


3.    Responding to the above submission, learned Counsel for the
Petitioner has submitted that the writ petition can be disposed of
by granting liberty to the Petitioner to avail appropriate legal
remedy in the matter, as may be permissible under the law. Said
submission of the Petitioner's Counsel is found to be reasonable
and is, therefore, accepted.


4.    In view of above, the writ petition is disposed of by granting
liberty to the Petitioner, as prayed for.




(ADVAIT M. SETHNA, J.)                        (SUMAN SHYAM, J.)




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