61-IA-6162-2026 (C).odt Chitra Sonawane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6162 OF 2026 IN PUBLIC INTEREST LITIGATION NO.24 OF 2026 Sushant Dnyanoba Sutar ...Applicant Versus The State Of Maharashtra Thr. Its Urban Development Department And Ors. ...Respondents ... Mr. Kamran S. Shaikh a/w Ranveersingh A. Solanki for the Applicant. Mrs. Neha S. Bhide, GP a/w Mrs. Shruti D. Vyas, Addl. G.P., Mr. S.P. Kamble, AGP for the Respondent No.1. Mr.Prashant Darandale a/w Bajrang M. Solanke for Respondent No.6. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 11th SEPTEMBER, 2026. P.C.: 1. Heard Mr Kamran Shaikh, learned Counsel for the Petitioner and Mr Prashant Darandale, learned Counsel for Respondent No.6. 1 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2026.09.13 17:12:44 +0530 61-IA-6162-2026 (C).odt 2. The instant Public Interest Litigation (in short 'PIL') is preferred inter alia seeking following reliefs : A. This Hon'ble Court by invoking powers under Art. 226 of the constitution of India and may be pleased to issue the writ of Mandamus or any other writ and direct the Respondents to restore the 9-meter-wide public road infront of Hissa No.9, S. No. 152(Old), S. No. 2/9 (New), Sutarwadi, Pashan, Pune. B. This Hon'ble Court by invoking powers under Art. 226 of the Constitution of India may issue appropriate writ, in the nature of Mandamus and direct the Respondent No. 2, 3 and 4 to revoke the commencement certificate C.C. No. 3477/21 dated 02.02.2022, and all the revised commencement certificates issued by the Respondent No. 2 to the Respondent No. 6 and 7 arising out of the building proposals of Natu Dhamale Constructions, at Hissa No.9, S. No. 152(Old), S. No. 2/9 (New), Sutarwadi, Pashan, Pune. C. This Hon'ble Court by invoking powers under Art. 226 of the constitution of India and may be pleased to issue a writ of Mandamus or any other writ, order in the like nature and may be pleased to direct the Respondent no. 2, 3 and 4 to demolish the unauthorized construction carried out by Respondent No. 6 on Hissa No.9, S. No. 152(Old), S. No.2/9 (New), Sutarwadi, Pashan, Pune. D. This Hon'ble Court by invoking powers under Art. 226 of the constitution of India and may be pleased to issue the writ of Mandamus or any other writ and direct the Respondent No. 2 to prosecute the Respondent No. 6 under the relevant laws. E. Pending the hearing and final disposal of this Writ Petition, this Hon'ble Court may be pleased to direct all the Respondents to maintain status quo on Hissa No.9, S. No. 152(Old), S. No. 2/9 (New), Sutarwadi, Pashan, Pune Peth. 2 61-IA-6162-2026 (C).odt F. Ad interim and Interim relief in terms of prayer clause 'E' in favor of the Petitioner may be granted. G. Any other suitable and equitable relief may kindly be granted in favor of Petitioner in the interest of justice and equity. 3. At the outset, learned Counsel for Respondent-State raised an objection qua the maintainability of the instant PIL, on the premise that the Petitioner is infact espousing his own cause. He submits that an earlier Civil Writ Petition No.12981 of 2025 filed by the Petitioner, was dismissed as withdrawn and leave was taken to prefer the PIL before appropriate Bench. Moreover, in the said proceedings, the Petitioner agitated his own grievances and subsequently on the same grounds preferred this PIL. 4. Learned Counsel for the Respondents would urge that even though this PIL is filed pursuant to the leave accorded by the Division Bench vide its Order (supra), the PIL be dismissed on merits. As the PIL Petitioner is espousing his own interest/cause in the guise of the PIL, which is legally impermissible. 5. From the submissions at the Bar, it appears that the grievance of the parties is only qua the measurement and 3 61-IA-6162-2026 (C).odt demarcation of the holding and whether the Respondent No.6 has encroached upon public land. It appears that even previously, a Notice has been issued by the Municipal Corporation to hold physical verification and demarcation, as to whether construction was over the public road. This was stated to be refused by the Petitioner. 4. Confronted with this situation, learned Counsel for the Petitioner fairly submits that the core issue is to determine whether the Petitioner or Respondent No.6 has encroached upon public land. Learned Counsel for the parties express no objection, in case direction is issued to the Respondent/Authority to carry out demarcation in presence of the parties. Similar request has also been made by the Pune Municipal Corporation. At this stage, we are not inclined to issue notice to Pune Municipal Corporation. 5. The Public Interest Litigation stands Disposed Of with following directions : (i) This order be placed before the Pune Municipal Commissioner/Competent Authority within two weeks from uploading of this Order. 4 61-IA-6162-2026 (C).odt (ii) We expect the actual measurement of the site in question to be made in presence of parties, within six weeks thereafter. (iii) We further clarify that we have not adverted to the merits of the case, leaving all contentions of the parties open. (iv) In view of the above, nothing survives in the Interim Application and the same is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 5