17.WP.12465.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12465 OF 2026 Ziyaurrahman Mohammad Ishaque & Ors ...Petitioners Versus The Malegaon Municipal Corporation & Ors ...Respondents Mr. Sanjeev Gorwadkar, Senior Advocate a/w. Mr. Javed Patel, Parth H. Zaveri, Mohd. Hussain i/b. Momin Musaddique Ahmed for the Petitioners. Mrs. Neha S. Bhide, GP a/w. O. A. Chadurkar, Addl. GP, Mrs. G. R. Raghuwanshi, AGP for the Respondent Nos. 4, 5, 7 to 8 CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 24th SEPTEMBER, 2026. P.C.: 1. By the instant Petition, the Petitioners pray for the following substantive reliefs: - “(a) Issue Rule; (b) Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondents, particularly Respondents No.1 to 4 and 6, to forthwith discharge their mandatory statutory obligations under the provisions of the Maharashtra Regional and Town Planning Act, 1966 and the Maharashtra Municipal Corporation Act, 1949 by directing them to take immediate and effective action against every encroachment, unauthorized construction, illegal development and unlawful occupation existing upon land bearing Survey No.122/1 situated at Village Malegaon, Taluka Malegaon, District Nashik, and forthwith to demolish the same; (c) Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondents to complete such proceedings expeditiously and within a time-bound period as may be fixed by this AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.09.28 10:58:50 +0530 17.WP.12465.2026.doc Hon'ble Court and remove and demolish every unauthorized construction and encroachment found upon Survey No.122/1 using such force as may be permissible in law; (d) Issue an appropriate writ, order or Mandamus or any other appropriate writ or order directing the Respondents to restore and maintain Survey No.122/1 to the condition contemplated under the sanctioned Development Plan and to ensure that the reservation forming part of Reservation Site Nos.293 and 294 is preserved and protected until modified or deleted in accordance with law; (e) Issue an appropriate writ, order or direction in the nature of Issue Mandamus or any other appropriate writ or order directing the Respondents to submit "Action Taken Report before this Hon'ble Court.” 2. We have heard the learned Counsel appearing for the Petitioner and the learned Counsel for the Respondents. In view of the order that we propose to pass today, we are not inclined to issue Notice to the Respondents or keep the matter pending. 3. Learned Senior Advocate appearing on behalf of the Petitioners submits that the Petitioner has already made a Complaint dated 7th January, 2026 regarding removal of encroachment and unauthorized structures/constructions from the land bearing Gut/Survey No. 122/1 Village Malegaon, Taluka Malegaon, District Nashik, forming part of Reservation Site Nos. 293 and 294, reserved under the sanctioned Development Plan for High School, Garden and Playground, under the provisions of the Maharashtra Regional and Town Planning Act, 1966. He submits that inspite of a detailed Complaint, the same has not been addressed by the Respondent-Authorities, until date. 4. Considering the factual situation of the matter, we are not inclined to go into AKN 2 17.WP.12465.2026.doc the merits of the aforesaid matter. We direct the Respondents to decide the aforesaid Complaint dated 7th January, 2026 filed by the Petitioners expeditiously, preferably within a period of three months from the date of production of a certified copy of this Order, in case there is no other legal impediment, certainly after giving sufficient opportunity of hearing to all stakeholders. 5. With the aforesaid direction, the Writ Petition is Disposed Of. 6. Needless to state, we have not adverted to the merits of the matter and all contentions of the parties are kept open. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 3