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
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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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