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2026 DAILYLAW 19549 (BOM)

AATMARAM DHANAJI THALI v. THE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD AND ORS

WP/10294/2026 · 2026-10-14

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Judgment text

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904.WP.10294.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10294 OF 2026 Aatmaram Dhanaji Thali ....Petitioner V/S The City And Industrial Development Corporation Ltd & Ors ....Respondents Mr. Rakesh Patil for the Petitioner. Mr. Priyansh Jain a/w. Mr. Akshay Naik i/b. Mr. Sagar Shetty for the Respondent-CIDCO. Ms Neha Bhide, GP a/w. Mr. P. J. Gavhane, AGP for the Respondent Nos. 4 to 6-State. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 14th OCTOBER, 2026. P.C.: 1. Learned Counsel for the Petitioner submits that since filing of the Writ Petition, no notices were served upon the Petitioner by the Respondent No. 3-The Assistant Controller, Unauthorized Construction, CIDCO. 2. Per contra, learned Counsel for the Respondent-CIDCO would submit that during the pendency of the proceedings the demolition has already been carried out and in case if the Petitioner is aggrieved, he may invoke the remedy as is available to him in accordance with law. 3. We are of the considered view that no such leave to institute a fresh Writ Petition be accorded, as the Petitioner has an efficacious remedy AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.10.15 11:19:54 +0530 904.WP.10294.2026.doc available to espouse his case, in accordance with law. 4. Learned Counsel for the Petitioner confronted with this situation, seek leave to withdraw the instant Writ Petition. 5. Accordingly, the instant Writ Petition is Dismissed as Withdrawn. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 2