Bombay High Court
WP/14738/2023 of ABDUL RAJAK SHAUKATALI SHAIKH Vs THE STATE OF MAHARASHTRA AND ORS on 6 October 2026
COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14738 OF 2023 Abdul Rajak Shaukatali Shaikh ...Petitioner Versus The State of Maharashtra and Others ...Respondents —————— Mr. Mohammad S. Mulla , for the
35-WP-14738-2023(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14738 OF 2023
Abdul Rajak Shaukatali Shaikh
...Petitioner
Versus
The State of Maharashtra and Others
...Respondents
——————
Mr. Mohammad S. Mulla , for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 06, 2026.
P. C. :
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1. By the present Petition, the Petitioner seeks a direction to the Respondent Nos.2 and 3 to take action against the illegal encroacher and to remove the illegal encroachment on the Corporation DP Road, Solapur.
2. In exercise of writ Jurisdiction, this Court cannot decide whether the construction is encroachment or unauthorised. We also find from the record that, pursuant to the complaint made by the Petitioner on 15th March, 2021, the Corporation had called for an explanation from the concerned Ambaji Gone. Pertinently, the said Ambaji Gone is not even made a party to the present proceedings. There is no pleading as to whether any information was sought under the Right to Information Act, 2005, to verify the status of the notice dated 15th March, 2021. Jamadar - SL 1 of
2026:BHC-KOL:9625-DB
35-WP-14738-2023(C).doc
3. In view of the same, we are not inclined to entertain the Petition. The Petition stands dismissed. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Jamadar - SL 2 of