Kamlesh Nair v. The Additional Collector (Enc/Rev) And ORS

31-WP-18413-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18413 OF 2024 Kamlesh Nair

...Petitioner

Versus

The Additional Collector (Enc/Rev) & Ors

...Respondents

Mr. D.V. Saroj, for the Petitioner.

Ms. Kavita N. Solunke, AGP, for Respondent-State. Mr. Yuwraj D. Patil, for Respondent No.5.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : April 7, 2026 ORDER :

1.

This Petition is filed essentially assailing the entitlement of Respondent No.5 under the Slum Areas (Improvement, Clearance and Redevelopment) Act 1971. The issues raised by the Petitioner have been subjected to two concurrent reviews.

2.

A plain reading of the Impugned Order would indicate that the findings against the Petitioner are that the Petitioner has no substantial interest in the dispute and indeed, has no factual foundation Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2026.04.15 12:41:06 +0530 to base his complaints.

ASHWINI JANARDAN VALLAKATI April 7, 2026

31-WP-18413-2024.doc 3.

The Petitioner himself, upon a query from the bench, indicates that his interest is to be discerned from his being a member of the very same Society. The Petitioner's own entitlements are not in doubt and are not subject matter of the litigation. 4.

In these circumstances, the very locus of the Petitioner to subject this matter to multiple rounds of litigation has been correctly assessed in the Impugned Order. The extraordinary writ jurisdiction of this Court is not available for entertaining litigation of this nature, where the Petitioner is without any substantial interest that he seeks to pursue against the State.

5.

In these circumstances, it is not necessary to exercise the discretion of the Writ Court to interfere in the matter. The Petition is disposed of without any interference.

6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] April 7, 2026 Ashwini Vallakati