Shashikant Ramdas Jadhav v. The State Of Maharashtra And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.11.17 18:31:51 +0530 ARUNA SANDEEP TALWALKAR 923.WP15393.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15393 OF 2025 Shashikant Ramdas Jadhav.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Ms. Ieecha Pokale, Ms. Shweta R. Rathod i/b. Elixir Legal Services, Advocate for Petitioner.

Mr. V.G. Badgujar, AGP for Respondent/State.

--- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

14th NOVEMBER, 2025 P.C. :

1.

This matter was heard for some time.

2.

A private dispute between private individuals is sought to be settled by calling upon the Municipal Corporation to take the initiative. Issue is of encroachment over the land of the Petitioner. A multi-storeyed building is constructed and the Petitioner claims that he did not even notice that the construction is being erected by the encroachers on his land. This claim is unbelievable.

Talwalkar

923.WP15393.2025.odt 3.

Moreover, when private individuals have encroached upon private land of another private individual, the Petitioner will have to approach the Civil court to initiate proceedings wherein evidence can be led. A joint measurement of the property, fixing of boundaries, calculating the area of encroachment, removal of encroachment and restoration of the possession of the Petitioner's share of the land, can be ordered by the Civil Court.

3.

In view of the above, we do not wish to entertain this Petition, which involves seriously disputed issues. 4.

This Petition is, therefore, dismissed.

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