SIDDHARTH BALASAHEB PHULE AND ORSversusSTATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY URBAN DEVELOPMEN AND ORS

         Digitally
         signed by
         PRAJAKTA
                                                                                             401-WP 8859-26.DOC
PRAJAKTA SAGAR
SAGAR    VARTAK
VARTAK   Date:
         2026.09.05
         11:55:07
         +0530


Prajakta Vartak
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 8859 OF 2026

           Siddharth Balasaheb Phule & Ors.                            ...Petitioners
                  Versus
           State of Maharashtra & Ors.                                 ...Respondents
                                                        _________

           Mr. Atul Damle, Senior Advocate, with Mr. Jagdish Reddy and Ms. Ashwini
           Jadhav for Petitioners.
           Mrs. D. S. Deshmukh, AGP for State.
           Mr. Abhijit Kulkarni with Ms. Sweta Shah for Respondent Nos.6 & 7/PMC.
           Mr. Deepak More with Mr. Shivram Gawade for Respondent Nos.8 & 9.
           Mr. Surel Shah, Senior Advocate, with Mr. Venkatesh Shinde and Mr.
           Shubhankar Kulkarni i/b. Mr. Tanmay More for Respondent No.10.
                                             _________

                                                       CORAM:          G. S. KULKARNI &
                                                                       Dr. NEELA GOKHALE, JJ.
                                                       DATE:           01 SEPTEMBER 2026.

           P.C.

           1.         We have heard learned counsel for the parties.

           2.         This petition under Article 226 of the Constitution of India is filed

           praying for the following substantive reliefs:-


                      “(a)    Rule be issued and record and proceedings be called for.

                      (b)      This Hon'ble Court be pleased to issue writ of mandamus under
                      Article 226 of Constitution of India or any other appropriate writ, order or
                      direction in the like nature, thereby directing the Respondent authorities to
                      take necessary steps for correcting the name of owner in B-Form of TPS-III
                      in respect of Plot No.482-A, admeasuring 6474.97 square meters situated at
                      village Parvati, Pune and inserting the name of the owner of the property in
                      place of the erroneously entered name of the Collector of Pune as owner of
                      the property.
                      (c)      This Hon'ble Court be pleased to issue writ of mandamus under
                      Article 226 of Constitution of India or any other appropriate writ, order or
                      direction in the like nature, thereby directing the Municipal Commissioner
                      of Pune Municipal Corporation to decide the representation of the
                      Petitioner dated 20.08.2025 in respect of correction of the name of owner of

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      Final Plot No.482-A in Form-B of TPS-III, situated at village Parvati, Pune,
      owned by Late Sitaram Mahadev Phule and others, as contemplated U/sec.
      91 of the MRTP Act and submit report to that effect in this Hon'ble Court.”


3.     Mr. Damle, learned senior counsel for the petitioners, has confined this

petition to the reliefs prayed for in prayer clause (c) supra, namely, that the

representation made by the petitioner (Exhibit-Q, page 130 of the paper-book) to

the Municipal Commissioner, Pune Municipal Corporation/respondent nos.6 and

7, be decided in accordance with law. The petitioner’s representation is to the

effect that the correction be made in Form-B by incorporating the name of the

petitioner as the landowner in respect of Final Plot No. 482-A in Form-B of TPS-

III, situated at Village Parvati, Pune, which was owned by Late Shri. Sitaram S.

Fule and was derived from Survey No. 39/1.


4.     Mr. Surel Shah, learned senior counsel, has represented respondent no.10,

who is undertaking development of the very land which has now been declared a

slum. However, the case of the petitioner is that, even if the land is declared a

slum, the rights of the petitioner in respect of the said land cannot be

extinguished, having regard to the settled principles of law.


5.     Be that as it may, as the limited relief as prayed for, is that the petitioner’s

representation be considered and decided in accordance with law, we are inclined

to dispose of this petition by directing respondent no.7-Municipal Commissioner,

Pune Municipal Corporation, to decide the petitioner’s representation dated 20

August 2025 in accordance with law and after hearing all necessary parties. All

contentions of the parties in that regard are expressly kept open.


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6.    Let an appropriate decision, after hearing all the parties, be taken within a

period of four weeks from today.


7.    Disposed of in the aforesaid terms. No costs.




(Dr. NEELA GOKHALE, J.)                                (G. S. KULKARNI, J.)




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