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2026 DAILYLAW 8708 (BOM)

YOGESH ABHAG SHINDE v. THE STATE OF MAHARSHTRA THR GOVT PLEADER AND ORS

WP/12072/2026 · 2026-09-16

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Judgment text

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(35)-WP-12072-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12072 OF 2026 Yogesh Abhang Shinde ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ... Mr. Akshay Patil a/w Ms. Devika Madekar, Mr. Krishna Wankhade i/by Raju Suryawanshi, for the Petitioner. Smt. Neha Bhide, GP a/w Ms. Rupali Shinde, AGP for the Respondent No.1/State. Mr. A. S. Rao a/w Mr. S. R. Kulkarni, for Respondent Nos.2 to 4. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 16th SEPTEMBER, 2026. P.C.: 1. We have heard the learned Counsel for the Petitioner and learned Counsel for the Respondents. 2. The instant Petition is preferred inter-alia on the following reliefs :- “a) this Hon'ble Court be pleased to issue a writ of mandamus, orders, directions or any other appropriate writ in that nature, directing the Respondent Nos. 2 to 4 to forthwith act upon the Report dated 26.09.2025 of Property Cell of Thane Municipal Corporation and implement it by taking possession of 9 galas/shops situated in Anandram Laghu Udyog Sankul, Pokhran Road No.2, Vasant Vihar, Thane by removing illegal occupants of said galas/shops and take custody of said 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.17 10:32:14 +0530 (35)-WP-12072-26.doc 9 galas/shops in possession of Thane Municipal Corporation. b) this Hon'ble Court be pleased to issue a writ of mandamus, orders, directions or any other appropriate writ in that nature directing the Respondent No.1 and 2 to fix the responsibility of errant officers of Thane Municipal Corporation to allow illegal occupants of said 9 galas/shops to occupy same for last 22 years, causing loss to public exchequer and recover the losses caused to Thane Municipal Corporation from the personal pockets of such errant officers. c) pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct the Respondent Nos. 2 to 4 to forthwith act upon the Report dated 26.09.2025 of Property Cell of Thane Municipal Corporation and implement it by taking possession of 9 galas/shops situated in Anandram Laghu Udyog Sankul, Pokhran Road No.2, Vasant Vihar, Thane by removing illegal occupants of said galas/shops and take custody of said 9 galas/shops in possession of Thane Municipal Corporation.” 3. At the outset, learned Counsel for the Petitioner submits the a detailed complaint has been made by the Petitioner to the Respondents. The Property Cell of Thane Municipal Corporation has prepared a report dated 26th September, 2025 in respect of the illegal occupation of 9 galas/shops. Despite such fact finding enquiry, till date, no remedial measures are taken by the Respondent. Such situation constrained the Petitioner to invoke the writ jurisdiction. 4. Learned Counsel for the Respondents at the outset submits that some reasonable time may be accorded to 2 (35)-WP-12072-26.doc complete his instructions. 5. Considering the relief as prayed for, we are not inclined to issue notice and to keep the matter pending for consideration. With the consent of the parties, in case, there is no other impediment, we expect in the light of the report dated 26th September, 2025, the Respondents may take action on merits in accordance with law expeditiously, preferably within three months from the date of production of this order before the competent authority of the Respondent No.2. 6. We clarify that we have not adverted to the merits of the matter to be left open to be urged before the competent authority of Respondent No.2. With the aforesaid directions, Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3