SANTOSH DATTARAM FANDversusTHE MUNICIPAL COMMISSIONER VASAI VIRAR AND ANR

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  INGALE

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed                CIVIL APPELLATE JURISDICTION
URMILA by URMILA
       PRAMOD
PRAMOD INGALE
       Date:
INGALE 2026.09.18
           16:29:39 +0530
                                             WRIT PETITION NO. 7487 OF 2026

                              Santosh Dattaram Fand                     ...Petitioner
                                   Versus
                              The Municipal Commissioner,
                              Vasai Virar Municipal Corporation and anr....Respondents
                                                                  ...
                              Mr.Vidhyadhar Gangurde, for the Petitioner.
                              Mr. Abhijeet N. Gosavi h/f Ms.Rasika R. Patil, for the
                              Respondents.
                                                                 ...

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

                                                DATE : 16th SEPTEMBER, 2026

                              P.C.:
                              1.           Heard Mr. Gangurde, the learned counsel for the

                              Petitioner and Ms. Rasika Patil, learned counsel appearing for

                              the Respondents.


                              2.           The instant writ petition is preferred, inter alia, for

                              the following reliefs :-

                                      (a) This Hon'ble Court be pleased to issue Writ of Mandamus
                                      and/or any other appropriate Writ, Order and direction inter alia
                                      directing to Respondent Nos. 1 and 2 not to demolish Petitioner
                                      stall;
                                      (b) This Hon'ble Court be directed to issue Writ of Mandamus
                                      and/or any other appropriate Writ, Order and direction inter alia
                                      directing to Respondent Nos. 1 and 2 not to take any coercive



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      action;
      (c) This Hon'ble Court be direct the Respondent Nos. 1 and 2 shall
      not dispossess Petitioner without following due process of law;
      (d) Pending the hearing and final disposal of the present Petition,
      this Hon'ble Court be pleased to Order and direct Respondent Nos.
      1 and 2 not to dispossess the Petitioner;



3.          The instant petition is preferred to issue direction to

the Respondent-Corporation not to carry out any demolition of

the Petitioner’s stall. At the outset, we have had the occasion

to peruse the record and find that certain demolition has

already been carried out, over the road side. Considering the

facts and circumstances, without adverting on merits of the

case, we leave it open to the Petitioner to move an appropriate

application     before   the     Competent       Authority       of     the

Respondents. In case, such an Application for the above relief

is filed,   we expect that the same shall be considered and

decided by the Competent Authority of the Respondents in

accordance with law.

4.          With the aforesaid observations, the writ petition

stands disposed of.       This order has been passed with the

assistance of Ms. Patil, learned counsel for the Respondent.




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


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