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2026 DAILYLAW 1357 (BOM)

VARSHARANI SANJAY CHARATE v. THE STATE OF MAHARASHTRA THR. DEPT. OF URBAN AND TOWN PLANNING DEPT. AND ANR

WP/2178/2026 · 2026-07-10

Shri Nandesh Shankarrao Deshpande

body2026

Judgment text

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4-WP-2178-2026 (C).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2178 OF 2026 Varsharani Sanjay Charate ….Petitioner Versus The State of Maharashtra Thr. Dept. Of Urban And Town Planning Dept. And Anr ….Respondents ---- Mr. Ishaan Kapse a/w Mr. Tejas Patil and S. Ghodake, Advocate for the Petitioner. Ms. Tejas J. Kapre, A.G.P. for the Respondent, the State. Mr. Abhinandan B. Vagyani, Mr. Abhijit Adgule, Advocate for Respondent No. 2. ---- CORAM : RAVINDRA V. GHUGE, ACJ. & NANDESH S. DESHPANDE, J. DATE : 10th JULY, 2026. P.C. :- 1. The learned Counsel for the Petitioner submits that a tin enclosure with a high roof, is erected on a land of the Petitioner. Neither the Corporation nor the Petitioner is aware as to who has created the said structure. The Corporation needs to investigate because the said tin shade, besides being used as a garage, is alleged to be used for unlawful activities after sunset. He further submits that if only an individual has encroached upon the land of the Petitioner, the Petitioner would approach the Civil Court and would seek appropriate reliefs against the encroacher and for Iresh 1 of 2 4-WP-2178-2026 (C).odt restoration of her possession. 2. Since the learned Counsel Mr Vagyani is on the Panel of Respondent No.2 Corporation, we requested him for his assistance. He submits that it would be conveyed to the Corporation that they should investigate into the matter, if required seek police protection. If the encroacher is identified to be an individual, it would be conveyed to the Petitioner so that the Petitioner can avail of a remedy of approaching the Civil Court for removal of encroachment and regaining her possession. If unlawful activities are noticed in the said garage, the Corporation would take assistance of the police. If there are any applications filed by the Petitioner that are pending before the Corporation, the same will be dealt with in the light of the above terms. 3. In view of the above, this Petition is disposed off. (NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE) Iresh 2 of 2