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Bombay High Court

IMTIYAZ G. SABLEversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

The Court disposed of the writ petition without entertaining its merits, directing that any pending representation be decided by the competent authority after hearing.

Summary

Imtiyaz G. Sable filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai to act on his complaint about unauthorized construction in the E‑ward. The Corporation raised a preliminary objection, labeling the petitioner a habitual complainant and questioning the propriety of the petition. The Court, without addressing the merits, declined to keep the petition pending or to order counter‑affidavits. It observed that any pending representation or complaint should be decided by the competent authority after giving a hearing to all affected parties. Accordingly, the petition was disposed of with directions to the authority to adjudicate the matter in accordance with law.

Issues considered

  • Whether the Court should entertain a writ petition seeking a direction to the Municipal Corporation to consider a complaint of unauthorized construction.
  • Whether the preliminary objection that the petitioner is a habitual complainant warrants dismissal of the petition.
  • Whether the petition should be kept pending or counter‑affidavits be invited at this stage.

Subjects

  • unauthorized construction
  • municipal corporation
  • writ petition
  • preliminary objection
  • habitual complainant
  • jurisdiction
  • relief

Judgment

           Digitally signed
           by MAYUR
MAYUR    KONDIRAM
         ADANE
KONDIRAM Date:
ADANE    2026.09.21
           10:46:47
           +0530




                                                                                    17-WP-4383-2026 (OS).doc

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


                                               WRIT PETITION NO. 4383 OF 2026

                              Imtiyaz G. Sable                                    ...Petitioner
                                   Versus
                              The Municipal Corporation Of
                              Greater Mumbai & Ors.                               ...Respondents
                                                                 ...
                              Adv. Vimod Y. Mishra, for the Petitioner.
                              Adv. Shweta Patanar, for the Respondent Nos.1,2,4,5, and 6 -BMC.
                              Mr. Dattatray Patil, Assistant Engineer (B&F) E-ward.
                                                                 ...


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

                                               DATE : 18th SEPTEMBER, 2026.


                              P.C.:
                              1.      Heard learned counsel for the parties.

                              2.      The instant Writ Petition has been filed seeking a direction to

                              the Respondent - Municipal Corporation to consider the Petitioner's

                              complaint regarding unauthorized construction in E-ward of the

                              Municipal Corporation and to take suitable action under the

                              applicable statutory scheme and framework.

                              3.      Learned counsel appearing for the Respondent - Municipal

                              Corporation raises a preliminary objection, submitting that the



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                                                            17-WP-4383-2026 (OS).doc


Petitioner is a habitual complainant.

4.     Considering the nature of the relief prayed for, we are not

inclined to keep this Writ Petition pending or invite counter

affidavits at this stage. However, without expressing any opinion on

the    merits   of    the    case,       we    observe       that      if     any

Representation/Complaint       of        the   Petitioner       is      pending

consideration before the competent authority, the same may be

adverted to and decided in accordance with law, after giving due

opportunity of hearing to all affected parties.

5.     With the aforesaid directions, the Writ Petition stands

Disposed of.




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




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