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Bombay High Court

VIJAY NARINDAS LUNDversusULHASNAGAR MUNICIPAL CORPORATION AND ORS

Decided
Disposal
Disposed Off

Holding

A belated writ petition without timely grievance is dismissed as not pressed.

Summary

The petitioner, Pravin Dasharath Pandit, filed a writ petition challenging the Ulhasnagar Municipal Corporation's grant of a No Objection Certificate (NOC) dated 24 March 2024. The Court observed that the petitioner had not raised any grievance regarding the NOC within a reasonable time and no evidence was presented to show otherwise. Consequently, the petition was deemed belated and the disputed facts could not be entertained. The petitioner’s counsel sought permission to withdraw the petition and to pursue any appropriate remedy under law. The Court granted leave to withdraw and dismissed the petition as not pressed.

Issues considered

  • What is the effect of a belated writ petition where the petitioner has not raised a grievance within a reasonable time?

Subjects

  • NOC
  • writ petition
  • procedural default
  • dismissal
  • timeliness

Judgment

                         PDP                                                      41-WP-8512-2026.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
            Digitally
            signed by
                                          WRIT PETITION NO. 8512 OF 2026
            PRAVIN
PRAVIN      DASHARATH
DASHARATH   PANDIT
PANDIT      Date:
            2026.09.11
            19:43:09
            +0530        Vijay Naraindas Lund                     .. Petitioner

                                      Vs.

                         Ulhasnagar Municipal Corporation
                         & Ors.                                 .. Respondents
                                                           ...
                         Mr. Aryanraj A. Achhra i/by N. R. Bubna for Petitioner.
                                                           ...
                                    CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                               ADVAIT M. SETHNA, J.

                                     DATE        : 11th SEPTEMBER, 2026.
                         P.C. :

                         1.          In the instant Petition what we find that the NOC was
                         granted on 24th March, 2024.       Nothing is brought on record to
                         substantiate the that the petitioner has ever raised any grievance on
                         the disputed issues that too within reasonable time. At this belated
                         stage, such disputed facts cannot be gone into in the instant Writ
                         Petition.

                         2.          Once we declined to entertain the Petition, the learned
                         counsel for the Petitioner submits that the instant Petition be allowed
                         to be withdrawn with liberty to avail appropriate remedy in
                         accordingly with law.


                         3.          With the aforesaid leave, the instant Petition is Dismissed
                         as not pressed.



                         [ADVAIT M. SETHNA, J.]                            [CHIEF JUSTICE]
                                                            1


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