Hashim Ali Abdul Rauf Shaikh v. Brihanmumbai Municipal Corporation Thor. Its Commissioner

2025:BHC-AS:10366-DB 302-WP-9408-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9408 OF 2025 Hashim Ali Abdal Rauf Shaikh

...Petitioner

Versus

Brahinmumbai Municipal Corporation Through Its Commissioner

...Respondent

_______ Mr. Vinod Sangvikar for Petitioner.

Ms. K. H. Mastakar for Respondent - MCGM.

_______

CORAM:

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

DATE:

11 JULY 2025 P.C.

1.

This petition ought to have been filed on the Original Side, however, this petition being already served on the Municipal Corporation which is represented by Ms. Mastakar, learned counsel. We are of the opinion that as a limited relief is prayed for, we have taken up the proceedings and would intend to dispose of the same.

2.

The only relief as prayed for in this petition is that the representations dated 22 January 2025, 17 February 2025 & 20 February 2025 made by the petitioner to the Municipal Corporation which are in regard to the encroachments, be decided.

3.

We do not intend to delve on the merits of the petitioner's contention or to consider the petitioner's locus suffice it to observe that, the petition can be disposed of by directing the Municipal Corporation to consider such 11 July 2025 Kiran Kawre

302-WP-9408-2025.DOC representations as expeditiously as possible, and in any event, within a period of four weeks from the day a copy of this order is presented before the competent authority. It is for the Municipal Corporation to consider the issues and take an appropriate view of the matter in accordance with law. 4.

All contentions of the parties are expressly kept open. 5.

Disposed of. No costs.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 11 July 2025 Kiran Kawre Signed by: Kiran Kawre Designation: PA To Honourable Judge Date: 14/07/2025 12:03:04