Amir Mohammad Sabir Momin v. Bhiwandi-Nizampur Municipal Corporation Thr Its Commissioner And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2026.01.14 17:43:58 +0530 16-wp-11188-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11188 OF 2025 Mr.Amir Mohommad Sabir Momin ... Petitioner versus Bhiwandi Nizampur Municipal Corporation & Ors. ... Respondents ...

Mr.Sangharsh Apte with Mr.Dinesh R. Sonawane i/b. Mr.Rahul Upadhyay for the Petitioner.

None for the Respondents.

...

CORAM :

RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : JANUARY 13, 2026 P.C:

1.

The Petitioner's share in the property, on which there is a purported encroachment, is yet to be crystallized, keeping in view the dispute between the legal heirs of the predecessor-in-title. If the Petitioner's rights are crystallized in the said dispute, he may have a voice for seeking removal of illegal structures/encroachments and recovery of possession.

2.

In view of the above, the Petitioner is permitted to withdraw the Petition, keeping all contentions open. In the event the Petitioner's rights are crystallized to the extent of his share, he may avail of a remedy as is permissible in law.

Trupti ...1

16-wp-11188-2025.odt 3.

With the above observations, this Writ Petition is disposed off as withdrawn, on instructions.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) Trupti ...2