Ravindra Dattatray Patil v. The State Of Maharashtra And ORS

1 28 WP 6584.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6584 OF 2025 Ravindra Dattatray Patil ...

Petitioner V/s.

The State of Maharashtra & Ors, ...

Respondents.

BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2026.04.30 19:51:08 +0530 Mr. Abhijeet Kandarkar, Advocate for Petitioner. Mrs. R.A. Salunkhe, AGP for State.

CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 28th April 2026.

P.C. :

1.

Heard the learned Counsel for the Petitioner. 2.

Leave to amend. Amendment be carried out forthwith. 3.

The Petitioner seeks a direction to the Respondent No. 1 to demolish the illegal and unauthorised structure made on survey Nos. 39 and 41 at Village Khutghar, Taluka, Shahapur, District Thane. 4.

It is the contention of the Petitioner that he is the owner and is in actual physical possession of the land at village Khutghar, Taluka Shahapur. It is alleged that on 18th November 2024, Respondent No. 2 in collusion with Respondent Nos.3 to 5 unlawfully commenced illegal construction over the suit property without prior permission and without obtaining any approval. It is the contention of the learned counsel for the Petitioner that the Petitioner had purchased the property by way of the

2 28 WP 6584.25.doc sale-deed. Thereafter neither of the Respondents claimed any right and interest over the suit land.

5.

It is submitted that the detailed representation has been made on 20th August 2025 to the Collector, District Thane in respect of the unauthorised structure. The land in question is within the Gram Panchayat area.

6.

We have heard learned AGP for the Respondent-State. Since the representation has been made by the Petitioner against the construction allegedly done without obtaining any prior permission, in respect of the complaint that has been made, we request the Collector or his delegate to look into the complaint and initiate appropriate action on such complaint in accordance with law. If any adverse Order is to be passed, the same shall obviously be after conducting necessary enquiry and after hearing the Respondent No.2.

7.

Let this exercise be completed within a period of six months from the date of communication of this Order. 8.

Keeping all contentions open, the Writ Petition disposed of. (S.M. MODAK,J.) (M.S. KARNIK, J.) Dusane