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Bombay High Court

DUDHAM HARISHCHANDRA BHAGUJI AND ORSversusDEPUTY COLLECTOR SPECIAL CELL SRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is disposed of, directing the petitioners to approach the Apex Grievance Redressal Committee for resolution of all issues.

Summary

The petitioners, Dudham Harishchandra Bhaguji and others, filed a writ petition before the Bombay High Court challenging actions of the Deputy Collector Special Cell SRA and other respondents. The respondents argued that the petitioners had an alternate and efficacious remedy before the Apex Grievance Redressal Committee (AGRC) and that the petitioners had not exhausted that remedy. The Court observed that the petitioners indeed have a pending matter before the AGRC, including issues of maintainability, limitation, and bonafide conduct, which are to be decided by that forum. Consequently, the Court directed the petitioners to file an appeal before the AGRC within two weeks and left all substantive contentions open for determination by the AGRC. The writ petition was therefore disposed of without adjudicating the merits.

Issues considered

  • Whether the writ petition is maintainable in view of the existence of an alternate remedy before the AGRC
  • Whether the petition is barred by limitation
  • Whether the conduct of the petitioners is bonafide

Subjects

  • writ petition
  • alternative remedy
  • maintainability
  • limitation
  • administrative law
  • grievance redressal

Judgment

           Digitally
              Digitally
           signed   by signed
              by MULEY
           MULEY
              SHUBHAM
  MULEY
MULEY      SHUBHAM
              PRAVINRAO
  SHUBHAM PRAVINRAO
SHUBHAM       Date:
  PRAVINRAODate:
PRAVINRAO     2026.05.15
           2026.05.15
              19:35:08
           19:35:47
              +0530
           +0530
                                                                      1                  5-WP-6555-2026.doc


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION
                                                     WRIT PETITION NO. 6555 OF 2026

                                Dudham Harishchandra Bhaguji & Ors.                        ...Petitioners
                                     Versus
                                Deputy Collector Special Cell SRA & Ors.                   ...Respondents

                                                               -----------------
                                Ms. Sanjana Badsiwal a/w Sunil Badsiwal i/by Legal Pyramids for the
                                Petitioners.
                                Ms. Aarushi Yadav i/by Ravleen S. for Respondent No.1.
                                Mr. S. D. Dumbre for Respondent No.2.
                                Mr. Kirti Munshi, Senior Advocate i/by Mayur Thorat for Respondent No.3.
                                                               -----------------

                                                                          CORAM :   ADVAIT M. SETHNA, J.
                                                                          DATED   : 15 MAY, 2026
                                                                                    (VACATION COURT)

                                P.C.:-

                                1.       Heard learned counsel for the parties. At the very outset, the learned

                                counsel for the Respondents including Mr. Munshi, learned senior counsel

                                for Respondent No.3 would submit that the Petitioner has an alternate and

                                efficacious remedy before the Apex Grievance Redressal Committee. The

                                same for the reasons best known to the Petitioner is not exhausted. We find

                                prima facie merit in this submission. Mr. Munshi on instructions would

                                submit that as per the Petitioner’s own documents, the said premises are

                                also sold and not just that but the Petitioner has also applied for the

                                regularization of the said sold premises.

                                2.       Be that as it may. This Court is not delving into these aspects of the

                                matter. The Appeal would be filed by the Petitioner before the AGRC within

                                 Shubham                                                                      1/2
                                    2                   5-WP-6555-2026.doc


a period of two weeks from today. The AGRC would endeavour to hear and

decide the Appeal expeditiously.

3.     It is made clear that all contentions of the parties are expressly kept

open including the issue of maintainability and limitation which would be

decided by the AGRC on its own merits and in accordance with law. Mr.

Munshi has submitted that the conduct of the Petitioner is not bonafide

which will also be examined by the AGRC on its own merits and in

accordance with law.

4.     With the above observations, the Petition is disposed of.

5.     All concerned to act on an authenticated copy of this order.




                                            [ADVAIT M. SETHNA, J.]




 Shubham                                                                     2/2


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