44-WP-13440-2025 (C).odt Pallavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13440 OF 2025 Chaya Dattatray Patil ...Petitioner Versus The State Of Maharashtra And Ors. ...Respondents ... Mr. Pavan Patil a/w Mr. Shubham Saraf for the Petitioner. Mrs. Neha S. Bhide, GP a/w Mrs. Reena Salunkhe, AGP for the Respondents. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 22nd SEPTEMBER, 2026. P.C.: 1. We have heard learned counsel for the Respondents - State. 2. The instant Writ Petition is preferred for a direction to the Respondents - BMC to carry out demolition of unauthorised construction which is carried by the Respondent No.3 and her family members on the land of the Petitioner, bearing New Survey No.85/5/1 (Old Survey No.200/5/1) situated at Mauje Rai, Taluka Mira Bhayander, District Thane. 3. The record reflects the dispute is purely of civil nature wherein the private Respondent is Respondent No.3, has already instituted a suit bearing RCS Suit No.678/2024, which is said to be 1 PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.09.23 14:57:51 +0530 44-WP-13440-2025 (C).odt pending consideration, wherein the Petitioner is also one of the defendants. 4. Considering the relief as prayed for, we are not inclined to entertain the instant Writ Petition as the dispute is purely of a civil nature between the private parties. 5. We leave it open to the Petitioners to contest the instant civil suit proceeding and/or constitute a separate proceeding in accordance with law, if so advised. 6. In view of the aforesaid observations, this Writ Petition stands Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2