Bombay High Court
POPAT GOTU WANIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as there is nothing left to adjudicate, and no direction to register a criminal offence is issued.
Summary
Popat Gotu Wani filed Criminal Writ Petition No. 96 of 2020 seeking a court direction to register a criminal offence against a contractor alleged to have encroached on his land adjacent to a road under construction. The petitioner’s counsel was absent, and the State was represented by Addl. P.P. A. S. Shinde. The Addl. P.P. submitted an affidavit-in-reply indicating that the Circle Officer had already conducted an enquiry and concluded that no encroachment had occurred. Relying on this administrative finding, the Court held that there was no basis to entertain the petition. Consequently, the petition was disposed of without any order directing registration of an offence.
Issues considered
- Whether the High Court should direct the registration of a criminal offence against the contractor when an administrative enquiry has found no encroachment.
Subjects
- criminal writ petition
- direction to register offence
- encroachment
- administrative enquiry
- petition dismissed
Judgment
2026:BHC-AUG:40389-DB
915 CRIMINAL WRIT PETITION NO. 96 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CRIMINAL WRIT PETITION NO. 96 OF 2020
Popat Gotu Wani
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Kamble Tathagat V. for the Petitioner - Absent
Mr. A. S. Shinde, Addl.P.P. for State
Adv. V. D. Sonawane for Respondent No. 7 - Absent
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
1) None appears for the petitioner.
2) The petition appears to have been filed seeking
direction to register offence against the concerned
contractor.
3) However, learned A.P.P., by pointing out the
affidavit-in-reply, submitted that the Circle Officer had
already conducted an enquiry into the matter and found
that there was no encroachment on the land of the
petitioner, which was adjacent to the road under
construction.
4) In view of the above, nothing survives in the
present petition. Criminal Writ Petition, therefore, stands
disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page| 1 of 1
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