Ajit Popatlal Dudhediya vs the Grampanchyat Chrholi and Ors. — Bombay HC (2026) — LawSathi Research

Ajit Popatlal Dudhediya vs the Grampanchyat Chrholi and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn on instructions; all contentions of the Petitioner and stakeholders, including the issue of title over the Suit property, kept open in the event the Petitioner approaches the Civil Court.

Issue for consideration

Whether the State authorities ought to assist the Petitioner in recovering his land from the private encroachers and demolish their illegal structures. +1 more

Court's answer

The matter before the Court is purely a private dispute between the Petitioner and six private respondents with reference to privately owned land; there is no issue of Government land being encroached upon.

Ratio / Principle

The Petitioner's remedy is to approach the Civil Court by filing a Civil Suit seeking directions for measurement of the land, fixing of boundaries, measurement of the encroached area, demolition of the encroachment if noticed, and restoration of possession.

Key takeaways

Upon withdrawal, all contentions of the Petitioner and the stakeholders are kept open in the event the Petitioner approaches the Civil Court, including the issue of title over the Suit property.ratio¶6

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Writ Petition No.16131 of 2025 — Dr. Ajit Popatlal Dudhediya v. The Grampanchyat, Charholi & Ors. — decided 25.03.2026 by Ravindra V. Ghuge and Abhay J. Mantri, JJ. The petitioner, a medical practitioner, alleged that six private respondents (listed at Serial Nos. 11 to 16) had encroached upon his privately owned land and were erecting illegal structures; the prayer was that State authorities assist in recovering the land and demolish the structures. By an earlier order dated 9th March, 2026 (none having appeared for the petitioner) the petition had been listed for disposal. On 25.03.2026 the Bench held the matter to be purely a private dispute between private parties over privately owned land, with no Government land encroached upon, and held that the petitioner's remedy lies in approaching the Civil Court through a Civil Suit for measurement of the land, fixing of boundaries, measurement of the encroached area, demolition of encroachment if noticed, and restoration of possession. Counsel stated on instructions that the petitioner desired to withdraw and approach the Civil Court; the petition was disposed of as withdrawn on instructions, with all contentions of the petitioner and stakeholders, including the issue of title over the Suit property, expressly kept open.

Digitally signed by GAURI GAURI AMIT GAEKWAD AMIT Date: GAEKWAD 2026.03.27 12:26:18 +0530

910.WP-16131-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.16131 OF 2025

Dr. Ajit Popatlal Dudhediya ….Petitioner

Versus

The Grampanchyat, Charholi & Ors. ….Respondents

Mr. Brijesh Shukla for the Petitioner.

Mr. P.P. Kakade, Addl. GP a/w. Ms. Nisha Mehra, AGP for the Respondent – State.

CORAM : RAVINDRA V. GHUGE

&

ABHAY J. MANTRI, JJ.

DATE : 25^th MARCH, 2026

P.C. :-

On 9^th March, 2026, we had passed the following

order :

None present for the Petitioner, either in the Court Hall or through the video conferencing mode.

The Petitioner claims to be a medical practitioner and alleges that his land has been grabbed by encroachers, who are erecting illegal structures on his land. The alleged grabbers are private individuals listed at Serial Nos.11 to 16.

The Petitioner has a remedy of approaching the Civil Court in view of the dispute between the private individuals.

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Gauri Gaekwad

910.WP-16131-2025.odt

List this Petition on 25.03.2026 in the urgent supplementary board, for passing dismissal order.

We find that the dispute before us is clearly a private dispute between the Petitioner and six private Respondents, who are alleged to have encroached upon the Petitioner’s private land. The prayer in this Petition is that the State authorities should assist the Petitioner in recovering the land from the private encroachers and their illegal structures should be demolished by the State Government.

We find that this is purely a private dispute between private parties with reference to privately owned land. There is no issue of Government land being encroached upon. The Petitioner has the remedy of approaching the Civil Court by filing a Civil Suit seeking directions for measurement of the land, fixing of the boundaries, measurement of the encroached area, demolition of the encroachment, if it is so noticed, and restoration of possession.

The learned Advocate for the Petitioner, on instructions, submits that the Petitioner desires to withdraw this Petition and

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Gauri Gaekwad

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approach the Civil Court.

In view of the above, this Petition is disposed off as

withdrawn , on instructions.

All contentions of the Petitioner and the stakeholders

are kept open in the event the Petitioner approaches the Civil Court, including the issue of title over the Suit property.

(ABHAY J. MANTRI, J.)

(RAVINDRA V. GHUGE, J.)

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Gauri Gaekwad