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Bombay High CourtWP/1777/2025disposed off

Irfan Abdul Aziz Ansari v. The Municipal Corporation Of Greater Mumbai

2025-09-30Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

13-WP-1777-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1777 OF 2025 by GAYATRI RAJENDRA SHIMPI Date:

2025.10.03 13:11:39 +0530 GAYATRI RAJENDRA SHIMPI Irfan Abdul Aziz Ansari ... Petitioner

Versus

The Municipal Corporation of Greater Mumbai & Ors.

... Respondents **** Mr. Prashant Malik (Through VC) a/w Mr. Vaibhav Shah, Advocate for the Petitioner.

Ms. Rutuja Bodake i/b Ms. Komal Punjabi, Advocate for Respondent Nos. 1 to 3.

Mr. Prashant Gawali - Sub Engineer Maintainace Department 'L' Ward. **** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

30th SEPTEMBER, 2025 P.C. :

1.

A baseless Petition is filed before us alleging Encroachment by unknown persons and a Developer of the SRA Project, who has constructed East Point Mall opposite Kurla Railway Station, Kurla East, Mumbai - 400024.

2.

The Petitioner brands such development as an Encroachment and an illegal structure. The Petitioner claims to be a Gayatri Shimpi

13-WP-1777-2025.odt lawyer. There is no material on record to indicate which developer has started construction without permissions or without submission of building plans. There are no pleadings in support of the allegations being made.

3.

At this stage, the learned Advocate for the Petitioner submits that the Petitioner desires to withdraw this Petition. He would prefer a Civil Suit and raise all his grounds for making out a case of illegal construction and Encroachment.

4.

In view of the above, this Petition is disposed off as withdrawn, on instructions. If the Petitioner prefers a Civil Suit, all contentions are kept open, including the issue as regards the locus standi of the Petitioner.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Gayatri Shimpi