KISANA NATHU GHUTIYA v. THE ADMINISTRATOR UNION TERRITORY OF DAMAN DIU AND DADRA AND NAGAR HAVELI AND ORS
WP/10232/2026 · 2026-09-11
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8041 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8041 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
PDP 44-WP-10232-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10232 OF 2026 Mr. Kisana Nathu Ghutiya .. Petitioner Vs. The Administrator, Union Territory of Daman, Diu and Dadra and Nagar Haveli & Ors.
.. Respondents ... Mr. Devmani Shukla a/w Rajesh Sahani for Petitioner. Mr. Sanjay Jain a/w Harsh Dedhia for Respondent Nos.1 to 9. ...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J.
DATE : 11th SEPTEMBER, 2026.
P.C. :
1. The instant Petition is preferred, inter alia, with following reliefs: -
“(a) Rule be issued; (b) For a writ or an order in the nature of a writ directing the Respondents Nos.1 to 5 to take legal action in a time bound manner upon the Petitioners written complaint dated 29.6.2026 (Exhibit A) and 1.7.2026 (Exhibit B) for the incidents dated 27.6.026, 28.6.2026 and 30.6.2026 committed against the Petition upon the said plot of land in question. (c) For a writ or an order in the nature of a writ directing the Respondents not to disturb the lawful and peaceful possession and occupation of the Petition upon the said plot of land in question without following the due process of law 1 PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2026.09.11 20:34:00 +0530
PDP 44-WP-10232-2026.doc and without any order being passed by any authority or Hon’ble Court granting them permission to enter upon the said plot of land in question for the purpose of taking possession and occupation of the said plot of land in question from the Petitioner.”
2. The learned counsel for the respondents raised an objection qua the maintainability of the instant Petition as the disputed facts qua the right, title and interest cannot be adverted under the writ jurisdiction.
3. We find the appropriate remedy is to press the injunction/declaratory suit before the competent Court/Revenue Authority in accordance with law.
4. With the aforesaid leave, the instant Writ Petition is
disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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