Vijay Tilakraj Vijan v. State Of Maharashtra Thr Principal Secretary And ORS
2025:BHC-AS:48745-DB Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15154 OF 2025 Vijay Tilakraj Vijan ... Petitioner
Versus
State of Maharashtra, through Principal Secretary & Ors.
... Respondents WITH WRIT PETITION NO. 15155 OF 2025 Devdatta Jagannath Sharma ... Petitioner
Versus
State of Maharashtra, through Principal Secretary & Ors.
... Respondents WITH WRIT PETITION NO. 15158 OF 2025 Vaishali Suresh Sawant ... Petitioner
Versus
State of Maharashtra, through Principal Secretary & Ors.
... Respondents _______ Mr. Abhijit Patil for the petitioners.
Mr. P.G. Sawant, AGP for the State in WP/15154/2025. Mr. Y.D. Patil, AGP for the State in WP/15155/2025. Dr. Dhruti Kapadia, AGP for the State in WP/15158/2025. Mr. D.R. Kawale a/w. Mr. S.J. Parad i/b. Ms. Komal Punjabi for respondent no. 2. _______
CORAM:
G. S. KULKARNI & AARTI SATHE, JJ.
DATE:
10 November 2025 P.C.
1.
This is a batch of petitions filed under Article 226 of the Constitution of India. The reliefs as prayed for are similar, hence they are being disposed of by this common order. For convenience, we note the prayers as made in Writ Petition No. 15154 of 2025, which reads thus:
"a) This Hon'ble Court be pleased to issue an appropriate Writ of certiorari or any other appropriate writ, order or direction of like nature under Article 227 of the Constitution of India, thereby directing respondent no. 2 to comply with the Additional Collector's directions dated 09.07.2019, conduct a survey at the site, and include the petitioner's structure in Annexure II of the Shri Sai Armaan Co-op. Housing Society (Proposed) Slum Rehabilitation Scheme within a stipulated timeframe.
b) This Hon'ble Court be pleased to direct respondent no. 2 to process the petitioner's application dated 07.03.2024 and provide a reasoned decision within a specified period."
2.
It is the petitioners case that initially the petitioners structures were excluded from Annexure-II as notified for the slum rehabilitation scheme in question. The petitioner thereafter moved an application before the Additional Collector, who by an order dated 9 July, 2019 directed respondent no. 2 to include petitioner's structure in Annexure-II. Pursuant thereto, on 7 March, 2024 the petitioner submitted an application in Form No. 3 to respondent no. 2. As no action was taken, the petitioners issued legal notice to respondent no. 2 on such inaction. However, as no action is being taken on such applications, the present petition is filed. Similar are the facts of other cases. Thus, the only relief as prayed for in this petition is that the petitioner's application dated 7 March, 2024 in the light of the directions of Additional Collector dated 9 July, 2019 are required to be taken into logical conclusion and the petitioners application accordingly be decided.
3.
Our attention is drawn to the order dated 23 July, 2025 passed by a coordinate Bench of this Court on Writ Petition No. 9866 of 2025 in the case of Amriksingh Kartarsingh Kapoor vs. State of Maharashtra & Ors. wherein similar directions were issued.
4.
In this view of the matter, in our opinion, although no reply affidavit is filed, no prejudice would be caused to the respondents considering the nature of the order we intend to pass. The petition is accordingly disposed of in terms of the following order:
(i) The petitioners application/subject matter of prayer clause (b) in each of the petitions, if not already decided, be decided by respondent no. 2 as expeditiously as possible and in any event within a period of three months from the date of copy of this order is presented before respondent no. 2. (ii) All contentions of the parties in that regard are expressly kept open. 5.
At this stage, we are informed that there is likelihood of demolition. If that be the case, proper survey be undertaken and the record of survey of the petitioners structure be maintained before the demolition action is taken. A copy of the survey report be furnished to the petitioners and acknowledgment taken. 6.
Disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 14/11/2025 10:54:26