Bombay High Court
Bhupesh Vaman Dave Alias Bhupendra ... vs Assistant Divisional Engineer ... on 15 May, 2026
Digitally signed
by MULEY
SHUBHAM
MULEY PRAVINRAO
SHUBHAM Date:
PRAVINRAO 2026.05.15
21:59:49
+0530 1 28-WPL-17370-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.17370 OF 2026
Bhupesh Vaman Dave alias Bhupendra Vaman Dave ...Petitioner
Versus
Assistant Divisional Engineer (estt./s)
Western Railway & Ors. ...Respondents
-----------------
Mr. Yatin Malvankar for the Petitioner.
Mr. Dashrath A. Dube a/w Rupesh Dubey and Sachidanand Singh for
Respondent Nos.1 to 4.
Smt. Vrushali Kabre, AGP for State.
-----------------
CORAM : ADVAIT M. SETHNA AND
SANDESH D. PATIL, JJ.
DATED : 15 MAY, 2026 (VACATION COURT) P.C.:-
1. Heard learned counsel for the parties. Issue Notice, returnable on 19 June 2026. The Respondents seek liberty to file Affidavit-in-Reply to the Petition. Such Affidavit-in-Reply be filed on or before 11 June 2026.
2. We have heard the rival submissions. It prima facie appears that the structure i.e. one of the tenements which is the subject matter of the present proceedings is located on a private property which belongs to a Trust i.e. Respondent No.7.
3. The learned counsel for the Petitioner has brought to our notice the order dated 2 September 2006 passed by the Small Causes Court in RAD Suit No.5441 of 1976 where the Plaintiff i.e. father of the Petitioner is Shubham 1/2 ::: Uploaded on - 15/05/2026 ::: Downloaded on - 16/05/2026 03:41:03 :::
2 28-WPL-17370-2026.doc declared tenant in respect of three rooms in the compound of Shri Shankar Mandir situated at Dadar on the North side of the public road leading from Mumbai to Mahim. The learned counsel for the Petitioner has submitted that the present tenement would be a part of one of the said three rooms which form a part of the Decree of Small Causes Court dated 2 September 2006.
4. Mr. Dube, learned counsel for Respondent Nos.1 to 4 is vehemently opposing any grant of ad-interim relief. He has placed on record a copy of an order passed under Public Premises Eviction of Unauthorised Occupants Act, 1971. The said order appears to have been passed in respect of the brother of the Petitioner.
5. The Petitioner submits that he has been apprised of such order for the first time. The Petitioner is not even party to such order.
6. In light of all of the above, until the reply is filed a prima facie case for the grant of ad-interim relief is made out.
7. In the meantime, we direct that no coercive steps much less demolition of the said tenement would be undertaken until the next date and/or until further orders are passed in these proceedings.
8. Stand over to 19 June 2026.
9. All concerned to act on an authenticated copy of this order.
[SANDESH D. PATIL, J.] [ADVAIT M. SETHNA, J.] Shubham 2/2 ::: Uploaded on - 15/05/2026 ::: Downloaded on - 16/05/2026 03:41:03 :::