Aazad Welfare Association vs The State Of Maharashtra (Through Principal Secretary)

CNR No : HCBM020383962026

2026:BHC-OS:24310
SMITA
JOHNSON
GONSALVES
Digitally signed by SMITA
JOHNSON GONSALVES
Date: 2026.11.09 16:29:58
+0530
sg 501.wpl38395-26(o).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 38395 OF 2026
Aazad Welfare Association … Petitioner
versus
The State of Maharashtra And Anr. … Respondents
----
Mr. Amogh Singh, a/w. Mr. Viraj Singh, for the Petitioner.
Ms. Gauri Sawant, AGP, for the Respondent/State.
----
CORAM: ASHISH S. CHAVAN, J.
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DATE: 9 NOVEMBER, 2026
(Vacation Court)
Oral Judgment:
1. Not on board. Taken on board.
2. Rule. By consent of both parties, the matter is taken up for final
disposal.
3. A production praecipe was sought for and granted on behalf of
the Petitioner and the matter is taken up on the Production Board.
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4. The urgency cited was that the Petitioner has received 48-hours
notice issued by Respondent No.2 under the provisions of Section
50(3) of the Maharashtra Land Revenue Code, 1966.
5. Mr. Singh, learned Counsel appearing for the Petitioner, points
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out that although the show cause notice is dated 30 September, 2026,
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the same was received by the Petitioner on 21 October, 2026.
6. He further contends that in pursuance to the show cause notice,
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Respondent No.2 has passed a speaking order dated 23 October,
2026, inter alia informing one of the members of the Petitioner of
impending demolition within 48-hours. It is further his contention
that, thereafter, the members of the Petitioner Association, a registered
Society, has communicated with Respondent No.2 and submitted list
of documents which have been duly acknowledged by Respondent
No.2. He has sought the intervention of this Court in view of the
imminent apprehension of demolition and prayed for the stay of the
operation of the show cause notice and the speaking order.
7. Countering his submissions, Ms. Sawant, learned AGP appearing
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on behalf of Respondent No.2, submits that the Petitioner has
alternate and equally efficacious remedy available to him by way of
Appeal provided for by MLRC. Learned Counsel for the Petitioner,
Mr. Singh, does not dispute this fact but submits that in view of the
imminent apprehension of demolition arising out of the impugned
notice and order, alternate remedy would not be efficacious and some
protection in the interregnum would be required. It is thus that this
writ petition is filed. He would also submit that the structure in
question in respect of which the impugned order has been passed and
notice has been issued, is in existence approximately since 1970, and
that the Petitioner has also been issued photo-pass of the said
structure. In the wake of these submissions, he would urge that if
adequate protection is given to the Petitioner to avail the alternate
remedy, this petition can be disposed of.
8. Accordingly, following order is passed:
ORDER
(i) The Petitioner to file appeal under the provisions
of Section 50(5) read with Section 247 of the
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Maharashtra Land Revenue Code, 1966, within a
period of two weeks from today.
(ii) The impugned notice/order shall not be acted upon
for a period of four weeks, or until such time that
the Appellate Authority takes up the Appeal for
stay. The Petitioner undertakes not to seek any
unnecessary adjournment in the proceedings before
the Appellate Authority.
(iii) The Appellate Authority shall hear and dispose of
the appeal, expeditiously.
9. The writ petition is accordingly disposed of. Rule is made
absolute.
(ASHISH S. CHAVAN, J.)

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