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Bombay High Court

MAHESH MANGAL GHAREversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dismissed

Holding

The petition is dismissed as devoid of merit, and no writ is issued.

Summary

The petitioner, Mahesh Mangal Ghare, sought a writ of mandamus directing the police to register an FIR based on his complaints concerning alleged forgery and collusion by certain respondents in altering land revenue records. He also requested an independent investigation, preservation of records, and departmental action against erring officials. The petition arose from a long-standing family land dispute involving mutations and civil suits pending before the civil court. The Court observed that the matter primarily concerns disputed title and revenue entries, which are civil questions for which the petitioner has already availed appropriate civil remedies that remain pending. Since an efficacious alternative remedy exists, the Court dismissed the writ petition as devoid of merit without examining the substantive allegations.

Issues considered

  • Whether a writ of mandamus can be issued to compel registration of an FIR when civil remedies are available.
  • Whether the High Court has jurisdiction to entertain a criminal writ petition concerning land revenue disputes.

Subjects

  • mandamus
  • FIR registration
  • civil remedy
  • jurisdiction
  • writ petition
  • land dispute
  • revenue records

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

               CRIMINAL WRIT PETITION NO.408 OF 2026
Mahesh Mangal Ghare,                                        ]
R/o. Umroli, Tal. Karjat, Dist. Raigad                      ] .. Petitioner
              Versus
1. State of Maharashtra,                                    ]
   Through Department of Home                               ]
2. Police Inspector,                                        ]
   Karjat Police Station, Dist. Raigad                      ]
3. Superintendent of Police, Raigad,                        ]
   Alibagh, Dist. Raigad                                    ]
4. Omkar Dilip Kismatrao,                                   ]
   R/o. Chauk, Tal. Khalapur, Dist. Raigad                  ]
5. Vishnu Narayan Thanage,                                  ]
   R/o. Ashane, Tal. Karjat, Dist. Raigad                   ]
6. Subhash Zavaru Ghare,                                    ]
   R/o. Tal. Karjat, Dist. Raigad                           ]
7. Bhagwan Zavaru Ghare,                                    ]
   R/o. Umroli, Tal. Karjat, Dist. Raigad                   ] .. Respondents


Mr. Keshav Patil, Advocate for the Petitioner.
Mr. S.V. Gavand, Additional Public Prosecutor for Respondent
No.1-State of Maharashtra.


                       CORAM :      SHREE CHANDRASHEKHAR, CJ. &
                                    GAUTAM A. ANKHAD, J.
                       DATE     :   2ND FEBRUARY 2026.


PER, GAUTAM A. ANKHAD, J.

        The petitioner has filed this petition seeking the following
reliefs:
        “a. Issue a writ of mandamus directing respondent nos.1 to 3 to
            register an FIR forthwith on the basis of the petitioner’s
            complaints dated 10th December 2025;
         b. Direct an independent and transparent investigation by a senior
            officer not below the rank of Deputy Superintendent of Police or
            any other independent agency deemed fit;

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12-WP-408-2026.doc                                                        Dixit
                            c. Direct preservation and seizure of all revenue, acquisition and
                               compensation records relating to the subject lands;
                            d. Direct initiation of departmental and criminal action against
                               erring public servants found involved.”

                      2.   Mr. Keshav Patil learned counsel for the petitioner, submits
                      that the petitioner’s ancestors were owners of agricultural lands
                      situated at village Ashane, Taluka Karjat, District Raigad. These
                      lands were cultivated jointly and the names of the petitioner’s
                      ancestors were recorded as protected tenants pursuant to
                      Mutation Entry No. 128 of village Ashane. It is contended that
                      disputes arose among family members in or about 1991
                      concerning rights over the ancestral property. Despite objections,
                      certain mutation entries came to be altered in the revenue
                      records. This resulted in multiple civil proceedings, including
                      appeals before the Collector in respect of the revenue entries and
                      Regular Civil Suit No. 69 of 2020, which is presently pending
                      before the competent Civil Court at Karjat. Allegations are also
                      made that the respondent nos. 4 to 7 acted in collusion with
                      government officials and forged documents to secure the changes
                      in the land records.

                      3.   Upon perusal of the record, we find that the controversy
                      pertains to disputed questions of title and correctness of revenue
                      entries. The petitioner has already availed appropriate civil
                      remedies and the same are pending. The petitioner has an
                      efficacious alternate remedy in law if an FIR is not registered by
                      the police. Consequently, Writ Petition no. 408 of 2026 is
                      dismissed as being devoid of merits. It is clarified that we have not
                      examined the merits of the matter.



                      [ GAUTAM A. ANKHAD, J. ]                            [ CHIEF JUSTICE ]
          Digitally
          signed by
SNEHA SNEHA
      ABHAY DIXIT
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ABHAY Date:       12-WP-408-2026.doc                                                        Dixit
DIXIT 2026.03.05
      16:11:35
          +0530


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