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2026 DAILYLAW 11825 (BOM)

KRISHNA SINDHU CO-OP HSG SOCIETY LTD THROU. NITIN BABAN HIRDE v. DISTRICT COLLECTOR RAIGAD AND ORS

WP/8703/2026 · 2026-09-28

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

32.WP.8703.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8703 OF 2026 Krishna Sindhu Co-operative Housing Society Ltd ...Petitioner Vs. District Collector, Raigad & Ors. ...Respondents Mr. Suyash Sule for the Petitioner. Mrs. M. P. Thakur, AGP for the Respondent No. 1 and 2-State. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 28th SEPTEMBER, 2026. P.C.: 1. We have heard the learned Counsel for Petitioner and learned AGP for the Respondent-State. The Division Bench of this Court vide an Order dated 30th July, 2026 has issued Notice to the Respondents, returnable on 20th August, 2026. Humdast was also permitted. 2. Learned Counsel for Petitioner makes a statement that steps to serve the Respondents were taken well within time. He submits that the Petitioner preferred this Writ Petition seeking redressal of his Complaint against the Respondent- Authorities, in spite of the Notice being issued under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 (for short “the MRTP Act”) on 25th May, 2026 by the concerned Tehsildar. However, until date, such proceeding has not been finalized. On the said property, there is an encroachment over Block No. 3 of Survey No. 65/4 admeasuring 640 square meters, which forms the subject matter of the Petitioner’s complaint/grievance. AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.09.29 11:38:15 +0530 32.WP.8703.2026.doc 3. Considering the reliefs as prayed for, we find that remedial measures would be taken under the MRTP Act, by the Competent Authority. In view thereof, no purpose would be served to keep the matter pending consideration or wait for the response to the Notice issued. We expect the Competent Authority to take a final call in accordance with law, in case there is no other legal impediment, certainly after giving ample opportunity of hearing to all stakeholders. 4. In view of the above, we dispose of the Writ Petition with an observation that the Competent Authority must take a final call in view of the Notice dated 25th May, 2026 (Supra) expeditiously and preferably within three months from the date of uploading of this Order. 5. We clarify that we have not adverted to the merits of the matter, keeping it open to be urged before the concerned/Competent Respondent Authorities. 6. In view of the above, the Writ Petition stands Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 2