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Bombay High CourtWP/12351/2024disposed off

Salim Ahmed Shabbir Ansari v. The State Of Maharashtra And ORS

2026-05-04Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice S. M. Modak2 pages

DTG 54-Wp-12351-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 12351 OF 2024 Salim Ahmed Shabbir Ansari ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Adv. Noorain Patel i/b Adv. U. Dalvi for Petitioner. Smt. Savita Prabhune, A.G.P. for Respondent-State. Mr. N.R. Bubna for Respondent Nos. 2 to 4 and 7. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 4th May 2026 P.C. :

1) Though the Corporation has issued Notice under Section 260(1) of the Maharashtra Municipal Corporations Act on 7th February 2025, till date, as usual, the Corporation has not initiated necessary action against the offending structures by raising a specious plea, the said Notice is stayed by the Civil Court. Record prima facie indicates that, the Bhiwandi Municipal Corporation and /or its Officers did not take any pains or steps to get the said stay vacated.

2) Mr. Bubna, learned Advocate for Respondent Nos. 2 to 4 and 7 submitted that, Miscellaneous Civil Appeal is filed before the District Court, 1/2

DTG 54-Wp-12351-2024.doc Bhiwandi, impugning the Order passed below Exh. 5. 2.1) In view thereof, we direct the Law Officer of BNCMC to appear before the Court on Wednesday i.e. 6th May 2026. 2.2) The Law Officer before coming to Court shall take instructions, as to how many structures in the jurisdiction of Bhiwandi Municipal Corporation are legal structures.

3) Stand over to 6th May 2026.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2