HUSSAIN ABBASALI KHANversusTHE STATE OF MAHARASHTRA, THRU THE GOV. PLEADER

                                                                    8.WP.4612.2026-B.doc


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

                       WRIT PETITION NO. 4612 OF 2026

Hussain Abbasali Khan                                         ...Petitioner
      Versus
The State Of Maharashtra & Ors.                                ...Respondents

Mr. Chowdhari Moin i/b. A. A. Siddiquie & Associates for the Petitioner.
Ms. Rita Joshi, AGP (through VC) for the Respondent-State.
Ms Sheetal Metakari i/b. Adv. Komal Punjabi for the Respondent Nos. 2 and 3-
BMC

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

                     DATE      : 5th OCTOBER, 2026.
P.C.:


1.      Heard learned Counsel for the parties.


2.      By the instant Petition, the Petitioner pray for the following substantive

reliefs: -

        (a) That this Hon'ble Court be pleased to issue a writ of
        mandamus, order, or direction directing the Respondent Nos. 2 and
        3 jointly and severally to consider the complaint dated 23/01/2026
        and 09/02/2026 respectively and forthwith initiate strict demolition
        action against the unauthorized and illegal first-floor construction,
        outside iron staircase, and gallery erected by Respondent No. 4 at
        Siddiuge Mohammad Chawl, Poisar, Kandivali (E), Mumbai-
        400101;
        (b) That pending the hearing and final disposal of this Petition,
        this Hon'ble Court be pleased to issue a writ of mandamus. order, or
        direction, directing Respondent Nos. 2 and 3 to expedite the
        execution of their statutory duties and pass appropriate orders
        thereon within a time-bound period of 7 days;
3.      The Petitioner, who is the Complainant, invoked the Writ Jurisdiction in

pith and substance for directions to the Respondent No. 3-Assistant Municipal

Commissioner, R/South Ward to take a final call on the complaints dated 23 rd


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                             January, 2026 and 9th February, 2026, which was preferred indicating therein that

                             there is an unauthorized and illegal construction of 1 st floor upon a structure having

                             brick masonry wall with AC sheet roof at Siddiuqe Mohammad Chawl, Gaodevi

                             Road, Near Saibaba Mandir, Poisar, Kandivali (East), Mumbai. Learned Counsel

                             for the Petitioner at this stage confined his reliefs to the Complaints dated 23 rd

                             January, 2026 and 9th February, 2026 to be decided in accordance with law.


                             4.     At the outset, learned Counsel for the Respondent-Corporation informs that

                             the Complaints were made way back in the months of January and February and

                             some time be accorded to obtain appropriate instructions as to the status of the

                             same and whether the said Complaints have been entertained or not.


                             5.     Be that as it may. At this stage, we are not inclined to issue Notice to the

                             Respondents or keep the matter pending. In case such Complaints are pending

                             consideration, we expect the Authority to take final decision thereon strictly in

                             accordance with law within eight weeks from the date of production of a certified

                             copy of this Order. In case there is no other impediment, the Competent Authority

                             of the Respondents shall be at liberty to proceed in accordance with the law

                             certainly after giving sufficient opportunity of hearing to all stakeholders.


                             6.     With the aforesaid direction, the Writ Petition is Disposed Of.


                             7.     Needless to state, we have not adverted to the merits of the matter and all

                             contentions of the parties are kept open.



                                       [ADVAIT M. SETHNA, J.]                        [CHIEF JUSTICE]
          Digitally signed
          by ANANT
ANANT   KRISHNA
        NAIK
KRISHNA Date:
NAIK    2026.10.06
          17:52:18
          +0530
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