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Bombay High CourtWP/4857/2025disposed off

Prathamesh Rajendra Salve v. State Of Maharashtra And ANR

2025-09-25Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4857 OF 2025 Prathamesh Rajendra Salve ] .. Petitioner Vs.

1. The State of Maharashtra ]

2. The Senior Police Inspector, ] EOW, L.T. Road Police Colony ]

3. The Commissioner of Police, Mumbai ] .. Respondents Mr. Gautam T. Kanchanpurkar (through V.C.) with Ms. Priya A. Patil, Advocates for the Petitioner.

Mrs. M.M. Deshmukh, I/c. Public Prosecutor for Respondent No.1. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 25TH SEPTEMBER 2025.

[ THROUGH HYBRID HEARING ] P.C. :

The petitioner seeks a writ of mandamus to be issued to the respondent nos.2 and 3 to register a First Information Report against the Resident Executive Engineer, MHADA, V.L. Savli Developers LLP and Capri Global Capital Ltd. The petitioner states that he is an advocate by profession and has knowledge of government schemes in the said locality. He is also a resident of the MHADA building which, according to him, was constructed under the PWR scheme.

2.

According to the petitioner, a real estate developer company in the name and style of Vaibhav Laxmi VL Savali Developers is re-developing buildings bearing nos.156, 161, 162 and 163 along with MHADA office buildings bearing nos.13 and 14 situated on a plot of land bearing C.T.S. No.356(pt) of Village Hariyali at 1/2 38-WP-4857-2025.doc Dixit

Kannamwar Nagar, MHADA Colony, Vikhroli (East), Mumbai in which fifty residential units are reserved for MHADA. The petitioner has provided a list of such flats and submits that the Resident Executive Engineer, V.L. Savli Developers LLP and Capri Global Capital Ltd conspired together to create third party interest and mortgage twenty-three State Government reserved flats. 3.

The petitioner apparently is not an aggrieved party. Moreover, no direction can be issued to the respondent no.2 and 3 to register a First Information Report in exercise of the powers under Article 226 of the Constitution of India. In view of the facts stated hereinabove, Writ Petition No.4857 of 2025 is dismissed. [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.08 12:44:44 +0530 2/2 38-WP-4857-2025.doc Dixit SNEHA ABHAY DIXIT