Bombay High Court

HANSRAJ BHAIRAJI SOLANKIversusTHE STATE OF MAHARASHTRA THRO. THE PRINCIPAL SEC. AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The petition is disposed of, with directions that the petitioner must apply to the AGRC for a stay or ad‑interim relief.

Summary

The petitioner, Hansraj Bhairaji Solanki, filed a writ petition seeking a stay of execution of a notice in a pending appeal. The respondents, including the State of Maharashtra and others, contested the execution and requested that the notice not be executed until a specified date. The Court directed that the petitioner must file an application before the AGRC for a stay or ad‑interim relief, and that the AGRC hear the application on its merits. The Court noted that the respondent's counsel's statement was only applicable to the petitioner and kept all contentions open. Consequently, the writ petition was disposed of without a substantive order, pending the petitioner’s application for stay.

Issues considered

Whether the petitioner is entitled to a stay of execution of the notice in the pending appeal
Whether the respondent's request to defer execution of the notice is permissible

Subjects

stay of execution
ad‑interim relief
writ petition
AGRC
procedural directions

Judgment

Digitally signed
by ARUNA
ARUNA SANDEEP
SANDEEP TALWALKAR
TALWALKAR Date:
2026.07.28
17:54:55 +0530
32.wp-9324-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9324 OF 2026

Hansraj Bhairaji Solanki … Petitioner
Versus
The State of Maharashtra and ors. .… Respondents

****
Ms. Asmi Desai a/w. Mr. Krunal Sarode, Advocate for petitioner.
Mr. Aseem Naphade, a/w. Mr. Vinayak Pandit, Ms. Teena Kapoor,
Mr. Ajinkya Udane, Advocate for Respondent-Developer.
Ms. D.S. Deshmukh, AGP for the respondent-State.
Mr. Deepak R. More, a/w. Mr. Shivram A. Gawade, Advocate for
Respondent Nos. 2 to 4.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.

DATE : 27th JULY 2026

P.C. :

1. This Petition can be disposed of by following

directions :

(i) The AGRC is requested to hear the application for

stay preferred by the Applicant in the pending appeal on

next day when it is sitting i.e. on Friday 31 st July, 2026 for

stay or ad-interim relief on its own merits in accordance

with law.

2. Mr. More, learned Counsel for the Respondent Nos. 2 to

4 on instructions fairly submits that upto next Monday, the

Talwalkar 1
32.wp-9324-2026.odt

impugned notice shall not be executed.

3. We make it clear that it is the Petitioner who has to

make appropriate application for listing of the Application for

stay before the AGRC. Upon making such application in

accordance with procedure prescribed, the AGRC shall hear the

application for considering ad-interim reliefs or deciding

application for stay. All contentions are kept open.

4. It is made clear that this statement made by Mr. More,

learned Counsel on instructions is only qua the Petitioner.

5. The Writ Petition is disposed of.

(S. M. MODAK, J.) (M. S. KARNIK, J.)

Talwalkar 2

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