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Bombay High Court

GENEROUS HOSPITALS PRIVATE LTD. THR ITS DIRECTOR KAILAS LAKHU RATHODversusTHE STATE OF MAHARASHTRA THR GP HIGH COURT

Decided
Disposal
Disposed Off

Holding

The court declined to entertain the merits of the petition and ordered the respondents to decide the petitioner’s request within two months, thereby disposing of the petition without granting relief.

Summary

Generous Hospitals Private Ltd. filed a writ petition challenging a show‑cause notice dated 17 July 2026 issued by the Kalyan Dombivali Municipal Corporation under sections 260 and 261 of the Maharashtra Mumbai Corporations Act, seeking its quash and a two‑year period to regularise its hospital building. The respondents argued that the petition was unmaintainable because the petitioner had not replied to the notice and that the construction was unauthorised under section 478 of the same Act. The court noted the pending proceedings and the petitioner’s request for additional time to produce documents proving authorisation, but declined to rule on the merits. It directed the respondents to take a final decision on the petitioner’s communication within two months, without granting any relief. Consequently, the petition was disposed of without addressing the substantive issues.

Issues considered

  • Whether a writ petition challenging a show‑cause notice under the MMC Act is maintainable when the petitioner has not filed a reply.
  • Whether the show‑cause notice issued under sections 260, 261 and 478 of the MMC Act can be quashed.
  • Whether the petitioner is entitled to a two‑year period to regularise the hospital building pending the outcome of the municipal proceedings.

Legislation cited

  • Bombay Nursing Home Registration Act, 1949
  • Maharashtra Mumbai Corporations Act — s. 260, 261, 478

Subjects

  • show cause notice
  • writ petition
  • quash order
  • unauthorised construction
  • municipal corporation
  • registration cancellation
  • maintainability

Judgment

                                                     Digitally
                                                     signed by                           37-WP-9688-2026 (C).odt
                                                     CHITRA
                                            CHITRA   SANJAY
                                            SANJAY   SONAWANE
                                            SONAWANE Date:
Chitra Sonawane                                      2026.09.21
                                                     12:21:30
                                                     +0530


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 9688 OF 2026

                  Generous Hospitals Private Ltd.
                  Thr Its Director Kailas Lakhu Rathod                  ...Petitioner
                  Versus
                  The State Of Maharashtra & Ors.                       ...Respondents

                                                                  ...
                  Mr. Abhishek Kulkarni a/w Sagar Wakale for the Petitioner.

                  Mr. Sandeep D. Shinde for the Respondent Nos.2 to 5.

                  Smt. P.J. Gavhane, AGP for Respondent No.1 – State.
                                                                  ...

                                       CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                              ADVAIT M. SETHNA, J.

                                       DATE        : 18th SEPTEMBER, 2026.


                  P.C.:
                  1.       Heard Mr. Abhishek Kulkarni, learned Counsel for the petitioner; Smt.
                  PJ Gavhane, learned AGP for Respondent/State and Mr. Sandeep Shinde,
                  learned Counsel for Respondent Nos.2 to 5.

                  2.       The instant Petition has been filed inter alia seeking following
                  substantive reliefs :-

                            "(C) By issuing any appropriate writ or directions, the notice
                            bearing no- outward no-KDMC/Medical Health/MHKA/1315
                            dated 17/07/2026 issued by Respondent N o.5 be quashed
                            and set aside.
                           (E)    By issuing appropriate writ, or directions the
                           petitioner may kindly be granted 2 years' time to regularize
                           the said property along with the owner by initiating


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                                                              37-WP-9688-2026 (C).odt


       appropriate proceedings with the respondents in the
       interest of justice."

3.    At the outset, the learned Counsel for the Respondent raised an
objection qua the maintainability of the Petition as the same has been
instituted against the Show Cause Notice dated 17th July 2026. He submits
that nothing is brought on record to indicate that the Petitioner has ever
submitted any Reply to such Show Cause Notice. Moreover, it is also
submitted that Notice u/s 260 and 261 of the Maharashtra Mumbai
Corporation Act ('MMC Act' for short) has been issued to the landlords of
the Jankalyan Multi Speciality Hospital and as such tried to impress upon
the Court that this proceeding is a proxy litigation. It is an admitted position
that construction is unauthorised u/s 478 of the MMC Act. It is in such
circumstances that the Notice is issued by the Corporation.

4.    Under the given facts and circumstances, the prayers/reliefs sought
are untenable. However, learned Counsel for the Respondents fairly submits
that in view of pendency of the ongoing proceeding, no such final decision
has been taken, as on date. Be that as it may. We are not inclined to delve
into the merits of the matter.

5.    At this stage, learned Counsel for the Petitioner in support of his
submissions has relied on the communication dated 23rd July 2026
(Exh.H), addressed to Respondent No.5 by the Petitioner, seeking further
time of 60 days to produce the necessary documents which, according to
the Petitioner has not been granted by the Respondents. Mr. Kulkarni has
now tendered a copy of communication undated from Medical Health
Officer, Kalyan Dombivali Municipal Corporation, asking the Petitioner to
produce the documents proving that the hospital building is authorised,
failing which the registration granted under the Bombay Nursing Home
Registration Act 1949, will be cancelled. The said communication is on
record.


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                                                           37-WP-9688-2026 (C).odt


6.    In view of the above, we dispose of the Petition by observing that
final decision shall be taken by the Respondents in light of the Petitioner's
letter/communication dated 23rd July 2026 (Exh.H) in accordance with
law, within two months from the date of uploading of this Order. We clarify
that we have not adverted on the merits of the matter.


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




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