Subhashchandra S/O. Jwalaprasad Jham v. the State of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai and Ors.
Case brief
What is this about?
Bombay High Court Nagpur Bench, Writ Petition No.3908 of 2024, decided 29.01.2026 (Kilor & Wakode, JJ.). Mandamus sought under Sections 96 and 97, Nagpur Improvement Trust Act 1936 for removal of illegal wall over public street pursuant to NIT notice dated 07.07.2023; notice already challenged in Regular Civil Suit No.251/2024 with earlier temporary injunction; writ jurisdiction not exercised to avoid prejudice in pending civil suit; petition disposed of with liberty to approach competent authorities or seek impleadment as defendant. Keywords: parallel civil proceedings, judicial restraint, public street encroachment, Nagpur Improvement Trust, impleadment, disposed of.
What did the court decide?
Petition disposed of without interference; petitioner granted liberty to pursue his prayers before the competent authorities or to seek impleadment as a defendant in Regular Civil Suit No.251/2024.