Bhupesh Vaman Dave Alias Bhupendra ... vs Assistant Divisional Engineer ...
2026 Latest Caselaw 5160 Bom

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

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.]