SUMAYYA FAKIH v. STATE OF MAHARASHTRA THROUGH GAMDEVI POLICE STATION THROUGH GP OS
WP/4143/2026 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15576 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15576 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
907-WP.4143.2026.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4143 OF 2026 Sumayya Fakih & Ors. } Petitioners Versus State of Maharashtra & Ors. } Respondents Mr. Vivek Kantawala with Mr. Aditya Joshi, Advocates for the Petitioners. Ms. Lubaina Suares, Petitioner No. 2 present in Court. Ms. Lavina Kripalani, AGP for Respondent No. 1 (State). Mr. Abhishek Adke with Ms. Anushka Nagpal, Advocates for Respondent Nos. 2 & 3. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J.
DATE : 6th OCTOBER, 2026 P.C.:
1. By the instant Writ Petition, the Petitioners, inter alia, seeks the following substantive reliefs:-
“a. Quash and set aside Letter dated 23.03.2021 issued by the Respondent No. 2 and 3 bearing Reference No. R&E/DV/-OH-MS/ Gamdevi Police Stn/03/21/87. b. That the Respondents be directed to allow the free ingress and egress of the supply of essential services to the doorstep of the Petitioners. c. That the Respondents be directed to allow the free ingress and egress of the supply of non-essential services to the doorstep of the Petitioners. d. That the Respondents be directed to allow free ingress and egress of visitors and/or guests to the subject house and that the Petitioners be allowed uninterrupted and unbridled access to such visitors and/or guests. e. That the Respondents be directed to allow the free ingress and egress of a full-time or part-time maid to the subject house without 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.10.06 18:34:11 +0530
907-WP.4143.2026.doc necessitating 'Character Certificates', 'Police Verification' and/or other rigors of the SOP adopted by the Respondents. f. That the Respondents be directed to allow the free ingress and egress of vehicles including but not limited to cabs, taxis etc. into the subject premises for the purpose of pick up and drop and/or delivery of goods and services whether essential or non-essential. g. That the Respondents be directed to allow an electric stair- climbing machine to be installed in the subject premises for the aid of the Petitioner No. 1. h. That the Respondents be directed to allow an installation of a water tank in the kitchen and bathroom of the tenanted house of the Petitioners for the purposes of continuous and uninterrupted supply of water to the Petitioners.
i. That the Respondents be directed to reinstate the water supply and drainage to the bathroom of the Petitioner No. 1. j. That the Respondents be directed to not disconnect the electricity supply to tenanted house of the Petitioner.”
2. On 29th September 2026, we had granted time to the learned Counsel for the contesting Respondents to file short Affidavit-in- Reply. In response to that, today, the learned Counsel for the contesting Respondents tenders Affidavit-in-Reply filed on behalf of Respondent Nos. 2 and 3 (Landlords) and invites our attention to Paragraph No. 14 thereof. Paragraph No. 14 of the Affidavit-in-Reply reads as under:-
“14. I thus state and submit that Respondent Nos. 2 & 3 as Landlords have never stopped or obstructed any essential services to the Petitioners at their doorstep. I further states that Nos. 2 & 3 shall continue allowance of the delivery of any essential services to the Petitioners at their doorstep.”
3. In view of the aforesaid statements made in Paragraph No. 14 of the Affidavit-in-Reply, we need not proceed further in the matter. The said statements are accepted as undertakings given to the Court. Accordingly, the Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2