Bombay High Court

AZIM MEHABOOB ALIversusTHE DEPUTY COMMISSIONER OF LABOUR MUMBAI SUBURBAN

Decided: 29 September 2026
Disposal: DISPOSED OFF

Holding

A writ cannot lie against a private person.

Summary

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking relief against a private party, identified as respondent no. 2. The High Court examined whether a writ of this nature could be issued against a private individual. The Court held that a writ cannot lie against a private person. Consequently, the petition was disposed of, but the Court kept open all contentions for the parties to pursue in the appropriate proceedings. No costs were awarded.

Issues considered

Whether a writ under Article 226 can be issued against a private party

Subjects

Article 226
writ jurisdiction
private party
High Court of Bombay
labour law

Judgment

                                                                                             33.WP3517_2026.DOC
  2026:BHC-OS:21472-DB

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

                                               WRIT PETITION NO. 3517 OF 2026

                        Azim Mehaboob Ali                                            … Petitioner
                              Vs
                        The Deputy Commissioner of Labour, Mumbai Suburban
                        & Ors.                                                       … Respondents
                                                          _________
                        Mr. Akash P. Shah a/w. Ms. Sonia Neralaly i/b. Akash P. Shah for the petitioner.
                        Mr. Pratamesh Kamat a/w. Aditi Maheshwari, Vishesh Kulkarni, Shubham
                        Kalbere, Vinay Viswanathan i/b. Renata Partners LLP for respondent no. 2.

                                                             __________

                                                     CORAM:        G. S. KULKARNI &
                                                                   DR. NEELA GOKHALE, JJ.
                                                     DATE:         29 SEPTEMBER 2026

                        P.C.

                        1.       This petition under Article 226 of the Constitution of India is filed by the

                        petitioner seeking relief against the private party, namely, respondent no. 2.

                        Certainly, a writ cannot lie against the private person.


                        2.       In this view of the matter, we dispose of the petition keeping open all

                        contentions of the parties to be pursued in the appropriate proceedings.


                        3.       Disposed of in the aforesaid terms. No costs.




                        (DR. NEELA GOKHALE, J.)                                    (G. S. KULKARNI, J.) if




Signed by: Vidya S. Amin                                    Page 1 of 1
Designation: PS To Honourable Judge                     29 September 2026
Date: 01/10/2026 11:22:03

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