Bombay High Court

MADHUKAR DATTATRAYA JOSHIversusCHIEF OFFICER SHRIVARDHAN MUNICIPAL COUNICIL

Decided: 27 July 2026
Disposal: Disposed Off

Holding

The petition was disposed of as the court deemed it inappropriate to entertain the matter while the title dispute was pending before the civil court.

Summary

The petitioner filed a writ petition alleging that the respondent had encroached upon his land and erected an illegal structure. During the hearing, the court learned that the same land title dispute was already pending before the District Court on appeal from a trial court judgment. The High Court held that it was inappropriate to entertain the writ petition while the substantive civil dispute remained sub judice. Consequently, the court declined to interfere with the civil proceedings. The petition was therefore disposed of without any order on the merits.

Issues considered

Whether a High Court can entertain a writ petition concerning a land dispute when the same dispute is sub judice before a civil court

Subjects

land dispute
encroachment
sub judice
writ petition
jurisdiction
civil procedure

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
BHARAT
DASHARATH
PANDIT
Digitally signed by
BHARAT
DASHARATH PANDIT
                                            WRIT PETITION NO. 3215 OF 2026
Date: 2026.07.28
19:40:39 +0530



                      Madhukar Dattatraya Joshi                             …. Petitioner.

                                  Vs.

                      Chief Officer,
                      Shrivardhan Municipal Council
                      Raigad and Others.                                    …. Respondents.

                      Ms. Rachana Harpale i/b Mr. Nitin P. Deshpande, Advocates for the
                      Petitioner.

                      Mrs. M.P. Thakar, AGP for the Respondents/State.



                                              CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                      GAUTAM A. ANKHAD, J.

                                              DATE      : 27TH JULY, 2026

                      P.C. :


                      1.                A land dispute between two private persons is brought to

                      this Court in this Writ Petition. The contention of the Petitioner is that

                      Respondent No.4 has encroached on his land and has erected an illegal

                      structure. As the matter was being heard, it is revealed that a title dispute

                      over the land between these two individuals, is now sub judice before the

                      District Court in appeal proceedings after the trial Court has delivered a

                      judgment in the suit.



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                      27 WP-3215-2026.odt                                                        bdp
2.               In such circumstances, we do not deem it appropriate to

entertain this Petition. If the title dispute between two individuals is

resolved before the Civil Court, the succeeding party may initiate

appropriate steps.



3.               With the above observations, this Petition is disposed off.



[ GAUTAM A. ANKHAD, J. ]                    [ ACTING CHIEF JUSTICE ]




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27 WP-3215-2026.odt                                                       bdp

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