(37 to 39)-WP-12101-26 & Ors..doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12101 OF 2026 Sachin Kaluram Sharma ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents WITH WRIT PETITION NO. 12102 OF 2026 Fancy Natvarlal Bora ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents WITH WRIT PETITION NO. 12105 OF 2026 Vipul Kaluram Sharma ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ... Mr. Ashish S. Gaikwad a/w Mr. Anirudh R. Rote, Mr. Sagar G. Bhoir, Mr. Ashish S. Jadhav & Ms. Savita Gaikwad, for the Petitioner in all the Petitions. Mrs. Neha S. Bhide, GP a/w Mr. O. A. Chandurkar, Addl. GP & Mrs. Pooja Patil, AGP for the Respondent No.1/State in WP/12101/2026. Mrs. Neha S. Bhide, GP a/w Mr. Aditya Deolekar, AGP for the Respondent No.1 in WP/12102/2026. Mrs. Neha S. Bhide, GP a/w Mrs. P. J. Gavhane, AGP for the Respondent No.1 in WP/12105/2026. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 16th SEPTEMBER, 2026. 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.17 18:09:33 +0530 (37 to 39)-WP-12101-26 & Ors..doc P.C.: 1. Heard learned Counsel for the Petitioner. 2. In view of the order that we proposed to pass, no notice is required to be issued to the Respondents. 3. At the outset, Mr. Gaikwad, learned Counsel for the Petitioner submits that in view of the notices dated 02.09.2026 and 05.03.2026 issued under Section 260(1) (2) and 267(1) (2) and (3) of the Maharashtra Municipal Corporation Act, 1949, the Petitioner has already filed detailed objection /representation on 04.05.2026. 4. The learned Counsel for the Petitioner has placed reliance on the order dated 22nd January, 2025 passed by the Co-ordinate Bench in Civil Writ Petition No. 76 of 2024 in between Mrs. Sylvina Marian Carvalho Vs. Thane Municipal Corporation & Ors. The said proceeding was instituted by the complainant, wherein in response to the order dated 18th June, 2024, which was passed by this Court, necessary action on the suit structure i.e. second floor of the building erected by the Respondent Nos.7 and 8 (now the Petitioner) was initiated. 5. Since it was found that the second floor constructed by the said persons was totally illegal, it was demolished on 12th July, 2024. He relied upon the order dated 22nd January, 2 (37 to 39)-WP-12101-26 & Ors..doc 2025, which reads thus :- “1) Mr. Bubna, learned Advocate appearing for Respondent Nos. 1 to 4, on instructions from Mr. Bhalchandra Ghuge, Assistant Commissioner of TMC, submitted that, in furtherance of Order dated 18th June 2024 passed by this Court, necessary action on the suit structure i.e. second floor of the building erected by the Respondent Nos. 7 & 8 has been taken. Since it was found that, the second floor constructed by the said persons was thoroughly illegal, it was demolished on 12th July 2024. He further submitted that, the ground + first floor structure of the suit building i.e. Gomtibai Niwas is legally constructed and therefore no action is taken against it. That, Mr. Bhalchandra Ghuge, Assistant Municipal Commissioner has filed an Affidavit dated 5th August 2024 on record to that effect. 2) In view thereof, the grievance of the Petitioner as of today does not survive. Order dated 18th June 2024 is complied with. 3) Remove from board.” 6. In the light of the aforesaid order, Mr. Gaikwad would submit that as the statement of fact that no action be taken in respect of the ground and first floors as recorded in the said order, as such, it is claimed the first floor is in order. The objection was qua the second floor. He submits that the Impugned Notice is not sustainable and the said objection is already taken while filing an objection/representation dated 04.05.2026. He would confine the relief to the objection dated 04.05.2026 to be decided in accordance with law. Mr. Gaikwad 3 (37 to 39)-WP-12101-26 & Ors..doc submits that until disposal of such objection, the Respondent be restrained from taking any coercive action against the Petitioner. 7. Be as it may be. Considering the overall facts and circumstances, the instant Petition is Disposed Of by providing/observing that the representation dated 04.05.2026 be decided expeditiously by the Respondent Corporation preferably within eight weeks from the date of production of this order, before the said Respondent/Authority. 8. Until disposal of the representation, parties shall maintain status-quo as on today. We further restrain the Petitioner to carry out any further development at the disputed site/second floor. We further restrain the Petitioner from alienating or creating any third party rights/interest qua the subject property. 9. With the aforesaid direction, Writ Petitions are Disposed Of, by clarifying that we have not adverted on the merits of the matter. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 4