Bombay High Court

DILIP MADHUKAR BHURKEversusTHANE MUNICIPAL CORPORATION AND ORS

Decided: 7 July 2026
Disposal: Disposed Off
Bench: ACTING GAUTAM A ANKHAD

Holding

The municipal corporation is not required to allocate the flat until a civil court determines the rightful owner.

Summary

The petitioner, Dilip Madhukar Bhurke, filed a writ petition challenging the Thane Municipal Corporation's refusal to allocate a flat that is the subject of a dispute between two private individuals. The corporation argued that, because the ownership of the flat is contested, it cannot hand over possession until a civil court determines the rightful owner. The Court noted its earlier order in Writ Petition No. 15880 of 2025, which had allowed the earlier petitioner to seek relief from a civil court. Relying on that precedent, the Court held that the corporation is not obligated to allocate the flat pending the outcome of the civil suit. Consequently, the present writ petition was dismissed, leaving the matter to be resolved by the civil court.

Issues considered

Whether the municipal corporation can allocate a flat that is the subject of a private ownership dispute before a civil court decides the claim.

Subjects

property dispute
flat allocation
municipal corporation
civil court jurisdiction
writ petition

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.07.10
12:53:31 +0530
                      Trupti                               1                 923-wp-327-2026.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 327 OF 2026

                      Dilip Madhukar Bhurke                                ... Petitioner
                             versus
                      Thane Municipal Corporation, Thane & Ors.            ... Respondents
                                                      ..….
                      Dr.D.S.Hatle with Mr.Umesh G. Chavan i/b. Mr.Deepak Jamsandekar
                      for the Petitioner.
                      Ms.Chaitrali Deshmukh for the Respondent – Municipal Corporation.
                      Mr.Raju Yamgar for Respondent No.5 (through VC).
                                                      …...
                                          CORAM : RAVINDRA V. GHUGE, ACJ
                                                      &
                                                  GAUTAM A. ANKHAD, J.


                                           DATE     : 07 JULY, 2026

                      P.C.:

                      1.          Respondent No.5 herein was the Petitioner before this Court

                      in Writ Petition No. 15880 of 2025. By a speaking order passed on

                      26.11.2025, the Petition was disposed off in the light of seriously

                      disputed questions between two private individuals, as regards the

                      ownership of a flat which is to be allocated by the Corporation. While

                      disposing off the said Petition, we permitted the Petitioner to crystallize

                      her rights by approaching the Civil Court. We recorded in paragraph 9 of

                      our earlier order that, if desired, the present Petitioner could also
Trupti                               2                  923-wp-327-2026.odt

approach the Civil Court and get his rights crystallized.



2.           The learned Advocate for the Corporation submits that,

since there is a serious dispute between close relatives, the Corporation

is not in a position to hand over the flat to either of them until the Civil

Court decides their claims. If the Civil Court concludes that one amongst

the two is the rightful owner of the property, the Corporation would hand

over the said flat to the concerned decree-holder.



3.           In view of the above, this Writ Petition is disposed off.




(GAUTAM A. ANKHAD, J.)                   (ACTING CHIEF JUSTICE)

Continue reading with your account

Checking your session…