Bombay High Court

KHAN AYESHA SIDDIQA ABUBAKARversusSTATE OF MAHARASHTRA THRU G P AND ORS

Decided: 3 June 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK FARHAN PARVEZ DUBASH

Holding

The Court ordered the petitioner to produce the required documents by 9 June 2026, failing which the petitioner must demolish the structure himself within a week, and the petition was disposed accordingly.

Summary

The petitioner, Khan Ayesha Siddiqa Abubakar, filed a civil writ petition challenging the demolition of a structure. The Court directed the petitioner to produce documents proving the structure's legality before the Tahsildar and Executive Magistrate by 9 June 2026. Upon receipt, the respondent authority must decide the matter within two weeks, during which no coercive action can be taken. If the petitioner fails to produce the documents, he must demolish the structure himself within one week of the deadline, failing which the competent authority may demolish it. The petition was disposed subject to these terms.

Issues considered

Whether the petitioner must produce documents establishing the legality of the subject structure.
What are the consequences if the petitioner fails to produce the required documents?

Subjects

civil writ petition
demolition
unauthorized structure
compliance order
procedural direction

Judgment

P.H. Jayani                                                     19 WP6931.2026.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   CIVIL WRIT PETITION NO. 6931 OF 2026

Khan Ayesha Siddiqa Abubakar                             …. Petitioner
      Vs.
The State of Maharashtra and Ors.                        …. Respondent


Mr. Abdul Azim Shaikh for the Petitioner.
Shri. V.D. Badgujar, AGP for Respondent Nos.1 to 3 – State.

                           CORAM : SHYAM C. CHANDAK AND
                                    FARHAN P. DUBASH, JJ.
                           DATED : 03rd JUNE, 2026
                                    (VACATION COURT)

P.C. :-

1)             After hearing the Petition for some time, Mr. Badgujar, the

learned AGP, on instructions, submitted that let the Petitioner produce the

relevant documents establishing his contention that the subject matter

structure is authorized and legal. Upon production of such documents, the

Respondent No.2 – The Tahsildar and Executive Magistrate, Kalyan, Dist.

Thane shall examine the matter and dispose of the same in accordance with

the law.

2)             Mr. Shaikh, learned Counsel for the Petitioner, on instructions

states that the Petitioner will produce the required documents before the

Respondent No.2 on or before 9th June, 2026.

3)             Once the Petitioner produces the documents within stipulated

period as stated above, Respondent No.2 shall decide the matter within two



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              P.H. Jayani                                                     19 WP6931.2026.doc


              weeks therefrom. During the said two-week period, no coercive action shall

              be taken against the Petitioner.

              4)            Mr. Shaikh, the learned Counsel for the Petitioner, on

              instructions, agreed that if the Petitioner fails to produce the documents as

              aforesaid, the Petitioner shall demolish the subject matter structure himself

              within one week from 9th June, 2026. The said statement is accepted.

              4.1)          Otherwise, the Competent Authority will be at liberty to take

              necessary measures to demolish the subject structure in accordance with the

              law.

              5)            Petition stands disposed of in aforesaid terms.



                   (FARHAN P. DUBASH, J.)                  (SHYAM C. CHANDAK, J.)


 PREETI
 HEERO
 JAYANI
Digitally signed
by PREETI
HEERO JAYANI
Date: 2026.06.03
19:34:41 +0530




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