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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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
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