Bombay High Court

ABDUL FAZAL KHANversusSTATE 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 and set a two‑week decision period for the Tahsildar, failing which the petitioner must demolish the structure himself.

Summary

Petitioner Abdul Fazal Khan 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 of Kalyan by 9 June 2026. The Tahsildar was instructed to examine the documents and decide the matter within two weeks, during which no coercive action could be taken against the petitioner. If the petitioner fails to produce the documents, he must demolish the structure himself within one week of 9 June 2026, otherwise the competent authority may demolish it. The petition was disposed subject to these terms.

Issues considered

What procedural steps must the petitioner follow to establish the legality of the structure before demolition?

Subjects

civil writ petition
demolition
illegal structure
procedural compliance
high court order

Judgment

P.H. Jayani                                                     20 WP6933.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                  CIVIL WRIT PETITION NO. 6933 OF 2026

Abdul Fazal Khan                                         …. Petitioner
      Vs.
The State of Maharashtra and Ors.                        …. Respondents

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                                                      20 WP6933.2026.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
19:34:52 +0530




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