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Bombay High Court

SUMAYYA FAKIHversusSTATE OF MAHARASHTRA THROUGH GAMDEVI POLICE STATION THROUGH GP OS

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the respondents’ undertaking that they have not obstructed essential services sufficed, and consequently the writ petition was disposed.

Summary

The petitioners, tenants, filed a writ petition seeking a series of reliefs including quashing a police letter and directions to allow free ingress and egress of essential and non‑essential services, visitors, domestic help, vehicles, and installation of equipment in their tenanted house. They alleged that Respondents No. 2 and 3, the landlords, had obstructed such services. The respondents filed an affidavit‑in‑reply stating that they have never stopped or obstructed any essential services and undertook to continue allowing delivery of such services. The Court considered whether the petition required further adjudication in view of this undertaking. Relying on the respondents’ explicit undertaking, the Court held that no further inquiry was necessary and disposed of the writ petition. The petition was therefore dismissed without granting any of the reliefs sought.

Issues considered

  • Whether the landlords (Respondents No. 2 and 3) have obstructed essential services to the petitioners
  • Whether the writ petition for various reliefs should be entertained in view of the respondents’ undertaking

Subjects

  • essential services
  • landlord-tenant
  • writ petition
  • undertaking
  • civil procedure
  • disposal

Judgment

                                                                                         907-WP.4143.2026.doc

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

                                         WRIT PETITION NO. 4143 OF 2026
JAYANT
VISHWANATH
SALUNKE               Sumayya Fakih & Ors.                            }     Petitioners
Digitally signed by
JAYANT VISHWANATH
SALUNKE
                            Versus
Date: 2026.10.06
18:34:11 +0530        State of Maharashtra & Ors.                     }     Respondents


                      Mr. Vivek Kantawala with Mr. Aditya Joshi, Advocates
                      for the Petitioners.

                      Ms. Lubaina Suares, Petitioner No. 2 present in Court.

                      Ms. Lavina Kripalani, AGP for Respondent No. 1 (State).

                      Mr. Abhishek Adke with Ms. Anushka                          Nagpal,
                      Advocates for Respondent Nos. 2 & 3.


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

                                    DATE       : 6th OCTOBER, 2026

                      P.C.:
                      1.      By the instant Writ Petition, the Petitioners, inter alia, seeks
                      the following substantive reliefs:-

                                “a. Quash and set aside Letter dated 23.03.2021 issued by the
                                Respondent No. 2 and 3 bearing Reference No. R&E/DV/-OH-MS/
                                Gamdevi Police Stn/03/21/87.
                                b. That the Respondents be directed to allow the free ingress and
                                egress of the supply of essential services to the doorstep of the
                                Petitioners.
                                c. That the Respondents be directed to allow the free ingress and
                                egress of the supply of non-essential services to the doorstep of the
                                Petitioners.
                                d. That the Respondents be directed to allow free ingress and egress
                                of visitors and/or guests to the subject house and that the
                                Petitioners be allowed uninterrupted and unbridled access to such
                                visitors and/or guests.
                                e. That the Respondents be directed to allow the free ingress and
                                egress of a full-time or part-time maid to the subject house without

                                                               1
                                                                     907-WP.4143.2026.doc


         necessitating 'Character Certificates', 'Police Verification' and/or
         other rigors of the SOP adopted by the Respondents.
         f. That the Respondents be directed to allow the free ingress and
         egress of vehicles including but not limited to cabs, taxis etc. into the
         subject premises for the purpose of pick up and drop and/or
         delivery of goods and services whether essential or non-essential.
         g. That the Respondents be directed to allow an electric stair-
         climbing machine to be installed in the subject premises for the aid
         of the Petitioner No. 1.
         h. That the Respondents be directed to allow an installation of a
         water tank in the kitchen and bathroom of the tenanted house of the
         Petitioners for the purposes of continuous and uninterrupted supply
         of water to the Petitioners.
         i. That the Respondents be directed to reinstate the water supply
         and drainage to the bathroom of the Petitioner No. 1.
         j. That the Respondents be directed to not disconnect the electricity
         supply to tenanted house of the Petitioner.”

2.     On 29th September 2026, we had granted time to the learned
Counsel for the contesting Respondents to file short Affidavit-in-
Reply. In response to that, today, the learned Counsel for the
contesting Respondents tenders Affidavit-in-Reply filed on behalf of
Respondent Nos. 2 and 3 (Landlords) and invites our attention to
Paragraph No. 14 thereof. Paragraph No. 14 of the Affidavit-in-Reply
reads as under:-

        “14. I thus state and submit that Respondent Nos. 2 & 3 as
        Landlords have never stopped or obstructed any essential services to
        the Petitioners at their doorstep. I further states that Nos. 2 & 3 shall
        continue allowance of the delivery of any essential services to the
        Petitioners at their doorstep.”

3.     In view of the aforesaid statements made in Paragraph No. 14
of the Affidavit-in-Reply, we need not proceed further in the matter.
The said statements are accepted as undertakings given to the
Court. Accordingly, the Writ Petition is Disposed Of.



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




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