Bhavik Nilesh Mhatre v. State Of Maharashtra Thr Collector And ORS

Digitally signed by KAWRE KIRAN KALYAN Date:

2025.06.19 12:01:46 +0530 KAWRE KIRAN KALYAN 17-WP-7330-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7330 OF 2025 Bhavik Nilesh Mhatre

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

_______ Mr. A. Suryawanshi i/b Narayan Rokade for Petitioner. Ms. M. P. Thakur, AGP for State - Respondent Nos.1, 3 & 4. _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

17 JUNE 2025 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for the only relief which reads thus:

"a. Issue the Writ of Mandamus or order of like nature or any other writ of like nature directing the Respondents to cancel the sale permission, commencement certificate, occupancy certificate issued to respondent No.5." 2.

Having perused the averments as made in the memo of the petition, it may not be possible for this Court to exercise the jurisdiction under Article 226 of the Constitution of India for granting such relief. The appropriate remedy for the petitioner would be to file a Civil Suit, if the petitioner has any legal rights against respondent No.5. Thus, keeping open all contentions of the petitioner to be pursued in appropriate proceedings as may be available in law. The petition stands disposed of. No costs.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 17 June 2025 Kiran Kawre