Dashrath Sakharam Jadhav v. The Land And Property Manager Land And Property Dept. (Mmrda) And ORS

33-WP-14073-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14073 OF 2025 Dashrath Sakharam Jadhav ... Petitioner

Versus

The Land And Property Manager MMRD, And Ors ... Respondents SHARADA RANGNATH WAHULE SHARADA RANGNATH WAHULE Date: 2025.12.24 13:30:59 +0530 **** Mr. Dilip Shinde, Advocate for the Petitioner. Mr. P. P. Kakade, Addl. G.P. a/w Ms. Nisha Mehra, AGP for Respondents-State.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 22nd DECEMBER, 2025 P.C. :

1.

The Petitioner claims to be the owner of the writ property. Contention is that Respondent No.5 has carried out an illegal construction on the said property belonging to the Petitioner. It is further contended that Respondent No.5 is claiming to be the owner of the property on the basis of certain documents which are said to be fabricated and bogus.

SUB

33-WP-14073-2025.odt 3.

Considering the above, the issue of title of the property would arise. Whether the documents in the custody of Respondent No.5 are genuine, whether he has a right, title and interest in the property or whether the Petitioner can establish his right, title and interest in the said property, would be a subject matter of adjudication by adducing oral and documentary evidence. As such, the Petitioner will have to approach the Civil Court and file a Civil Suit for seeking a declaration on the right, title and interest in the property, measurement of the alleged illegal construction, demolition of the construction and restoration of the possession, only if the Petitioner succeeds.

4.

Considering the above this Writ Petition is dismissed, with liberty.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUB