Bombay High Court
VISHAKA VISHRAM MONDEversusTHE MUNICIPAL COMMISSIONER VASAI VIRAR MUNICIPAL CORPORATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court declined to issue a writ of mandamus and disposed of the petition, directing the petitioner to approach the competent authority for relief.
Summary
The petitioner, Vishaka Vishram Monde, filed a writ petition seeking a writ of mandamus to restrain the Vasai Virar Municipal Corporation from demolishing her roadside stall and to prevent any coercive action or dispossession without due process. The court noted that demolition had already been partially carried out. Without addressing the merits, the court directed the petitioner to file an appropriate application before the competent authority of the corporation for relief. It emphasized that any such application must be decided in accordance with law. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the municipal corporation can demolish a vendor's stall without following due process of law.
- Whether the High Court can issue a writ of mandamus to restrain demolition and coercive action by the municipal corporation.
Subjects
- writ of mandamus
- demolition
- municipal corporation
- due process
- stall
- property rights
- civil appellate jurisdiction
Judgment
29-wp-7867-26.doc
INGALE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
URMILA
signed by
URMILA
PRAMOD
CIVIL APPELLATE JURISDICTION
PRAMOD INGALE
INGALE Date:
2026.09.18
16:28:35
+0530 WRIT PETITION NO. 7867 OF 2026
Vishaka Vishram Monde ...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
action;
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29-wp-7867-26.doc
(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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