Bombay High Court
WP/3941/2026 of USHA NARAYAN PATANKAR Vs THE MUNICIPAL COMMISSIONER, THE MUNICIPAL CORPORATION OF GREATER MUMBAI on 16 October 2026
COURT OF JUDICATURE AT BOMBAY ORDINARY
904.WP.3941.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3941 OF 2026
Usha Narayan Patankar & Anr
...Petitioners
Versus
The Municipal Commissioner,
The Municipal Corporation Of Greater Mumbai & Ors. ..Respondents Mr. C. M. Jadhav a/w. Mr. Anup Kamble, Mr. Praveen Shukla for the Petitioners i/b. SC Legal for the Petitioners Ms. K. H. Mastkar for the Respondent-BMC
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 16th OCTOBER, 2026.
P.C.:
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1. By the instant Petition, the Petitioners pray for the following substantive reliefs: - “(a) That the Petition may be admitted and allowed:
(b) That this Hon'ble Court be pleased to issue, writ order or direction in the nature of Mandamus or any other appropriate writ in the interest of justice to direct the office of the Respondent Nos. 1 to 3 to deal with the complaints dated 1st February, 2025, 19th August, 2025, 22nd August, 2025 and 8th December, 2025, filed by the Petitioners and to initiate appropriate legal action under the Mumbai Municipal Corporation Act, 1888, and other relevant application laws;”
2. We have heard the learned Counsel appearing for the Petitioners and the learned Counsel for the Respondents. AKN
904. WP.3941.2026.doc
3. Learned Counsel appearing on behalf of the Petitioners submits that the Petitioners have already made Complaints dated 1st February, 2025, 19th August, 2025, 22nd August, 2025 and 8th December, 2025 regarding removal of unauthorized construction and illegal structural alterations carried out in Phulora Co-operative Housing Society Ltd, Powai. He submits that despite detailed Complaints made by the Petitioners, the same has not been addressed by the Respondent-Authorities, until date.
4. Considering the factual situation as emerged before us, we are not inclined to go into the merits of the aforesaid matter. We direct the Respondent-Authorities/Corporation to decide the aforesaid Complaints dated 1st February, 2025, 19th August, 2025, 22nd August, 2025 and 8th December, 2025 filed by the Petitioners expeditiously, preferably within a period of three months from the date of production of a certified copy of this Order, in case there is no other legal impediment, certainly after giving ample opportunity of hearing to all stakeholders.
5. With the aforesaid direction, the Writ Petition is Disposed Of, without adverting to the merits of the matter.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN