NAVIN MULCHAND DEDHIAversusSTATE OF MAHARASHTRA(THRU GP ORIGINAL SIDE BHC)

           Digitally signed
           by MAYUR
MAYUR    KONDIRAM
KONDIRAM ADANE
ADANE    Date:
         2026.10.06
           13:58:40 +0530

                                                                    19-WP-4051-2026 (OS)+20-WP-4068-2026 (OS).doc

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


                                             WRIT PETITION NO. 4051 OF 2026

                              Hiramani Shaligram Tripathi, Through
                              His Power Of Attorney Holder Kunal
                              Hiramani Tripathi                                       ...Petitioner
                                    Versus
                              State Of Maharashtra Through
                              The Government Pleader & Ors.                           ...Respondents

                                                             AND

                                             WRIT PETITION NO. 4068 OF 2026

                              Navin Mulchand Dedhia                                            ...Petitioner
                                    Versus
                              State Of Maharashtra(thru GP Original Side BHC)              ...Respondents
                                                              ...
                              Adv. Aayesha Thakkar, a/w Adv. Anjali C. a/w Adv. Priyanshu
                              Doshi, i/b Makwana & Associates, for the Petitioners.
                              Adv. Varsha Sawant, AGP, for the Respondent No.1-State in
                              WP/4051/2026.
                              Adv. Rakesh H. Pathak, AGP, for the Respondent No. 1 – State in
                              WP/4068/2026.
                              Adv. K.H. Mastakar, for the Respondent Nos.2 and 3.
                              Adv. K.C. Pandey, i/b Tanvir Shaikh, for the Respondents.

                                                              ...


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

                                             DATE : 1st OCTOBER, 2026.


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P.C.:
1.      The instant Writ Petition No.4051 of 2026, inter alia, is filed

for the following substantive reliefs :-

              b. this Hon’ble Court be pleased to quash and set aside the
              Show Cause Notice dated 16 th May, 2023 at Exhibit D under
              Section 351(1A) of the Mumbai Municipal Corporation Act,
              1888 and the Speaking Order dated 2 nd September, 2023 at
              Exhibit G and any and all other notices issued in respect of
              the said Shop being Shop No.4, “Shiv Niwas”, Rajawadi
              Naka, M.G.Road, Ghatkopar (East), Mumbai – 400 077;
              c. that this Hon’ble Court be pleased to stay the effect,
              operation, implementation and execution of Show Cause
              Notice dated 16th May 2023 at Exhibit D under Section
              351(1A) of the Mumbai Municipal Corporation Act, 1888 and
              the Speaking Order dated 2 nd September, 2023 at Exhibit G
              and any and all other notices issued in respect of the said
              Shop being Shop No.4, “Shiv Niwas”, Rajawadi Naka, M.G.
              Road, Ghatkopar (East), Mumbai – 400 077 until the final
              hearing of the R.A.E. & R Suit bearing no.1535/5107 of
              1984 filed by the original landlord which is now being
              prosecuted by the Respondent Nos. 3 to 6.


2.      Similar reliefs are sought in Writ Petition No. 4068 of 2026.

Accordingly parties agree that the captioned Petitions be Disposed

of by a common order.

3.      At the outset, it is noted that no formal Notice is required to

be issued to the Respondent - Corporation.

4.      Ms. Varsha Sawant, learned AGP waives service of notice on

behalf of Respondent No. 1 - State in Writ Petition No. 4051 of 2026.

Mr. Rakesh H. Pathak, learned AGP, waives service of notice on

behalf of Respondent No. 1 – State in Writ Petition No. 4068 of



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2026. Mr. K.H. Mastakar, learned counsel, waives service of notice

on behalf of Respondent Nos. 2 and 3. Mr. K.C. Pandey, learned

counsel, waives service of notice on behalf of Respondents.

5.   In the instant proceedings, the Show Cause Notice dated 16 th

May 2023 issued under Section 351(1A) of the Mumbai Municipal

Corporation Act, 1888, along with the Speaking Order dated 2 nd

September 2023 qua the shop premises bearing Shop No. 4/6,

“Shiv Niwas”, Rajawadi Naka, M.G. Road, Ghatkopar (East),

Mumbai – 400077, (for short Impugned Notice and Order) are

under challenge.

6.   Subsequently,     a   Notice   dated      3rd   June       2023      directing

removal/demolition of unauthorized structure was also issued to

the Petitioner. Learned counsel for the Respondents submits that

the proceedings before the Respondent-Corporation/Concerned

Authority are yet to attain finality. However, the Petitioner has

approached this Court impugning the Show Cause Notice without

availing   the   opportunity   of   filing    an     Objection        before      the

Respondent-Corporation/Concerned             Authority.       It    is    therefore

submitted that, the present Petitions are premature and liable to be

dismissed on this ground.

7.   When confronted with the aforesaid situation, learned counsel

for the Petitioner fairly submits that one weeks time may be



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accorded to file a detailed Objection against the Impugned Notice

and Order. It is further submitted until disposal of such Objection,

no coercive/demolition action be taken by the Respondents against

the Petitioners.

8.    We have considered the overall factual situation. At this stage,

the Petitioners have directly assailed the Impugned Notice and

Order. Prima facie, it appears that as the Impugned Notice and

Order entails serious civil consequences of demolition, qua the

Petitioners, the Petitioners be given an opportunity to prefer their

Objection to the same.

9.    We are not inclined to adjudicate the matter on merits at this

stage. However, by way of an indulgence, we leave it open to the

Petitioners to file a detailed Objection qua his right, title, and claim

over the property in question being disputed in the given facts,

within a period of one week from date of uploading of this Order.

10.   In the event Petitioner submits such Objection within the time

stipulated above, the Respondent-Corporation/Concerned Authority

shall consider and decide the same expeditiously on merits and in

accordance with law after affording an opportunity of hearing to the

Petitioner preferably within a period of 8 (eight) weeks from the date

of production of a certified copy of this Order. We are conscious of

the fact that the Respondent-Corporation had, pursuant to the



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Impugned Show Cause Notice dated 16 th May 2023 passed a

Speaking Order dated 2nd September 2023 which is also assailed in

this proceedings.

11.   In light of our observations above, it is clarified that the

Impugned Notice and Order shall be governed by and be subject to

the   outcome    of   the   pending    proceedings          and      the     final

outcome/decision thereof. Until finalization thereof, we direct that

the parties shall maintain status quo as on date, in the proceedings.

12.   Accordingly, the Writ Petitions stand Disposed of in the above

terms, without adverting to the merits of the matter.



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




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