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2026 DAILYLAW 15688 (BOM)

ABDUL RAJAK SHAUKATALI SHAIKH v. THE STATE OF MAHARASHTRA AND ORS

WP/14738/2023 · 2026-10-06

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Judgment text

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35-WP-14738-2023(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14738 OF 2023 Abdul Rajak Shaukatali Shaikh ...Petitioner Versus The State of Maharashtra and Others ...Respondents —————— Mr. Mohammad S. Mulla , for the Petitioner. Ms. Tejas J. Kapre, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : October 06, 2026. P. C. : 1. By the present Petition, the Petitioner seeks a direction to the Respondent Nos.2 and 3 to take action against the illegal encroacher and to remove the illegal encroachment on the Corporation DP Road, Solapur. 2. In exercise of writ Jurisdiction, this Court cannot decide whether the construction is encroachment or unauthorised. We also find from the record that, pursuant to the complaint made by the Petitioner on 15th March, 2021, the Corporation had called for an explanation from the concerned Ambaji Gone. Pertinently, the said Ambaji Gone is not even made a party to the present proceedings. There is no pleading as to whether any information was sought under the Right to Information Act, 2005, to verify the status of the notice dated 15th March, 2021. Jamadar - SL 1 of 2 2026:BHC-KOL:9625-DB 35-WP-14738-2023(C).doc 3. In view of the same, we are not inclined to entertain the Petition. The Petition stands dismissed. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Jamadar - SL 2 of 2