M/S. Rathod Promoters And Developers Thr. Its Partner Bhavesh B. Rathod v. Pune Municipal Corporation Thr Its Commissioner And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12154 OF 2025 M/s. Rathod Promoters and Developers ....Petitioner
Versus
Pune Municipal Corporation & Anr.
....Respondents ---- Mr. Rahul Soman a/w Mr. Suyash More, for the Petitioner. Mr. Vishwanath Patil, for Respondent Nos. 1 to 4. Mr. Vilas Navali, Executive Engineer, present in Court. ---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.
DATE : 23rd FEBRUARY, 2026 P.C. :- 1.
We heard this matter on 24th September, 2025 and issued notice. On 12th February 2026, the learned Advocates for the respective sides advanced their oral submissions. The matter was treated as part-heard and adjourned only because they intended to conduct further research and prepare short recordable written submissions.
2.
When the hearing progressed to a considerable extent on 12th February 2026, we made it known to the parties that, in
several matters before us, we have noticed that after a building is constructed up to more than 50% of the project or, in cases where the project consists of 35 floors and 32 or 33 floors are completed, the Corporation issues a stop-work notice upon receiving a complaint.
3.
We were, therefore, contemplating, whether the Municipal Corporation could be directed that, if it intends to issue a stop-work notice after the project has advanced beyond a certain stage, viz. beyond 50% completion or the like, it should first be mandated issue a show-cause notice to the developer or other stakeholders, calling upon them to explain why such a stop-work notice should not be issued. Therefore, this matter came to be adjourned to this day.
4.
Today, the learned Advocate for the Corporation submits that the stop-work notice has been withdrawn pursuant to a hearing granted to the Petitioner. Accordingly, an order dated 18.02.2026 has been issued withdrawing the impugned stop-work notice dated 23.04.2025. A photostat copy of the said order dated 18.02.2026 is taken on record and marked as 'X' for identification.
5.
The learned Advocate for the Petitioner submits that the grievance stands redressed and that the Petitioner desires to withdraw this Petition.
6.
In view of the above, this Petition is disposed off as withdrawn, on instructions.
7.
Needless to state, the issue as to whether the Corporation can be mandated to issue a show-cause notice to any developer or stakeholder before issuing a stop-work notice, is kept open to be considered in an appropriate case. (ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)