Ravisen Manmohan Mehra v. The State Of Maharshtra Through Government Pleader
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2893 OF 2025 Ravisen Manohan Mehra Petitioner
Versus
1. The State of Maharashtra
2. The District Superintendent of Land, Bandra East, Mumbai.
3. The City Survey Officer, Ville Parle, Mumbai.
Respondents _______ Mr.Sandeep Patade i/by Mr.Kayval Shah for petitioner. Ms.Prachi Tatake, Additional G.P with Mr.Prashant Kamble, AGP for Respondents _______
CORAM:
G. S. KULKARNI & AARTI SATHE, JJ.
DATE:
9th October 2025 P.C.
1.
This petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs : (a) That this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions in the nature of mandamus thereby directing the Respondent no.3 to carry out the measurement in respect of property being C.S.No.525C, admeasuring about 2063 square yards as Exh.A (old survey no.78, Part-I and Survey No.79 Part) situated at Village/Ward Kondivita, Taluka Ville Parle, District Mumbai taking necessary police protection, and provide the map of the subject property to the Petitioner within the reasonable time as this Hon'ble Court may deem fit and proper, (b) That this Hon'ble Court may be issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus thereby directing the Respondent no.2 and 3 to take necessary and sufficient police protection at the cost of the Petitioner for carrying out measurement of the subject property"
MANISH SURESHRAO THATTE Date: 2025.10.18 18:15:34 +0530 MANISH SURESHRAO THATTE
2.
The Petitioner's grievance in the present petition is in regard to inaction on the part of Respondent no.3-the City Survey Officer, Vile Parle, Mumbai, in not deciding his application for carrying out measurement of his plot bearing No.C.S.No.525/C, Village/Ward Kondivita, Tal.Vile Parle, Mumbai Suburban for seeking permission for development. This despite the fact that the Petitioner has paid the requisite fee to carry out such measurement. It is in the aforesaid backdrop the present petition is filed.
3.
Heard Mr.Sandeep Patade for the Petitioner and Ms.Prachi Tatake, Additional G.P with Mr.Prashant Kamble, AGP for the State. There is no written opposition/affidavit in reply on record.
4.
In our view, due to the inaction on the part of Respondent no.3 in not carrying out the measurement of the said plot of the Petitioner, grave prejudice is being caused to the Petitioner. The same therefore needs to be decided in an expeditious manner as no progress in respect of application made by the Petitioner to Respondent no.3, to carry out aforesaid measurement has been made in the present matter. The Petitioner hence has approached this Court for issuance of appropriate directions/reliefs.
5.
In the light of the above facts, the following order would meet the ends of justice.
ORDER
(i) The Respondent no.2 Deputy Superintendent of Land Records shall carry out the measurement of the subject plot of land owned by the Petitioner as noted above in accordance with law, more particularly as per the provisions of
Maharashtra Land Revenue Code, 1966, with the Rules framed thereunder and by following proper procedure;
(ii) Such exercise shall be completed within a period of six weeks from the date this order is presented to Respondent no.2. The Petitioner shall fully cooperate with the Respondents in carrying out such measurements; (iii) The measurement shall be carried out by Respondent no.2 with the assistance and supervision of the police which would be provided by the officer incharge of the local police station, who shall also remain present during such measurement, at the cost of the Petitioner;
(iv) All rights and contentions of the parties are expressly kept open. (v) Writ Petition is disposed of in the above terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)