15-WP.13308.2025.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13308 OF 2025 Suresh Bhalchandra Malekar } Petitioner Versus The Municipal Commissioner, } Kalyan-Dombivali Municipal } Corporation & Ors. } Respondents Mr. Ramchandra N. Kachare, Advocate for the Petitioner. Mr. Rohit Sakhadeo, Advocate for Respondent Nos. 1 & 3. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE :9th SEPTEMBER, 2026 P.C.: 1. By the instant petition, the petitioner prays for the following relief: - “a. That this Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction to respondent No. 1 to 3 under Articles 226 of the Constitution of India calling for the entire records of unauthorized construction i.e. authorized 3 shops situated at Om Sai fast food center, adjacent to Yashshri Bungalow, in front of Shivmandir, Old Dombivali road, Dombivali (W), as per the final notice final notice Outward no.KDMC/7/H/PX/ABN/08 U/s 260(2) & 478 of M.M.C. Act and Order of Municipal Commissioner i.e. Exbh-L and looking into legality and validity thereof and direction to demolish the same on the representation of the petitioner dated 14th January, 2025, 17th February, 2025 and 5th March, 2025 are annexed and marked herewith as an Exhibit-M with filing it’s report within a specified period.” 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.10 11:33:08 +0530 15-WP.13308.2025.doc 2. The learned counsel for the petitioner submits that in spite of the final notice dated 5th December 2024 issued by Respondent No.3, until date, the authorities have not taken any decision to carry out the demolition. He has confined the reliefs in terms of the final notice dated 5th December 2024. 3. In the facts and circumstances of the present case, at this stage, we are not inclined to pass a positive direction or mandamus. However, the substantial interest of justice would be subserved in case the respondents take a final call on the said notice, but, certainly, after giving ample opportunity of hearing to all the stake holders. 4. With the aforesaid observation, the Writ Petition is disposed of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2