Bombay High Court

SANJAY KALYAN KADAM AND OTHERSversusTHE UNION OF INDIA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The writ petition is not maintainable under Article 226 and is dismissed.

Summary

Petitioners Sanjay Kalyan Kadam and others filed a writ petition under Article 226 seeking a direction restraining Respondent No.3 from proceeding with actions based on a measurement report filed by the Deputy Superintendent of Land Records in a civil suit pending before the Senior Division Civil Judge, Osmanabad. The petition alleged that the measurement report would prejudice their case and asked the High Court to intervene. The respondents, including the Union of India, opposed the petition. The Bench examined whether the High Court could entertain the petition under its extraordinary jurisdiction. It held that the relief sought pertained to the conduct of a pending civil suit and could not be granted under Article 226. Consequently, the petition was dismissed without any order as to costs.

Issues considered

Whether the writ petition is maintainable under Article 226 of the Constitution of India

Subjects

Article 226
writ petition
maintainability
civil suit
restraining order

Judgment

2026:BHC-AUG:9311-DB


                                                 *1*                       17wp867o18


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO. 867 OF 2018
                          SANJAY KALYAN KADAM AND OTHERS
                                            VERSUS
                            THE UNION OF INDIA AND OTHERS
                                               ...
                Shri Wakure Sanjay A., Advocate for the Petitioners.
                Shri S.K. Shirse, AGP for the Respondents/ State.
                                               ...
                                   CORAM : KISHORE C. SANT
                                                    &
                                              SUSHIL M. GHODESWAR, JJ.

                                   DATE : 04 March 2026
                P. C. :-

                1.           From prayers in the petition, it is seen that they are

                in respect of the suit pending before the learned Civil Judge,

                Senior Division, Osmanabad. The main prayer is to restrain

                respondent No.3 from taking further action in pursuance to the

                measurement report submitted by the Deputy Superintendent of

                Land Records, Tuljapur.


                2.           This Court hardly finds that the present petition can

                be entertained in view of such prayers. Such petition cannot be

                entertained under Article 226 of the Constitution of India. Hence,

                the Writ Petition is dismissed. No order as to costs.


        kps     (SUSHIL M. GHODESWAR, J.)              (KISHORE C. SANT, J.)

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