UMESH JAKHUBAI NANDU vs RAJESH MAHADEO SANGAR AND ORS

Judgment text excerpt

29-WP-2844-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2844 OF 2024 Umesh Jakhubai Nandu …Petitioner Versus Rajesh Mahadeo Sangar & Ors. …Respondents Mr. S. G. Karandikar a/w. Mr. Jayesh Joshi, for the Petitioner. Mr. Namitkumar S. Pansare i/b. Mr. Nikhil Pawar, for the Respondent No.1. Mr. B. B. Dahiphale, AGP, for the Respondent No.4-State. CORAM: MADHAV J. JAMDAR, J. DATED: 16 FEBRUARY 2026 JUDGMENT:- 1. Heard Mr. Karandikar, learned Counsel appearing for the Petitioner, Mr. Pansare, learned Counsel appearing for the Respondent No.1 and Mr. Dahiphale, learned AGP appearing for the Respondent No.4-State. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 5th February 2024 passed by the learned Additional Divisional Commissioner, Konkan Division, Mumbai in Revision No.489 of 2023. By the impugned order, the said Revision Page 1 Sonali 29-WP-2844-2024.DOC Application has been allowed and eviction order dated 17 th May 2023 passed by the Competent Authority in Case No.172 of 2022 has been set aside and the matter has been remanded back to the Competent Authority. The Operative Part of the order which has been set aside by the Additional Divisional Commissioner, Konkan Division, Mumbai of the Competent Authority dated 17 th May 2023, reads as under: “O R D E R 1. The application is allowed. 2. The respondent is hereby directed to handover vacant and peaceful Possession of application premises “Block No.2/B-002, Sarvoday Mangal Building, Kanchangaon, Khambalpada Road, Thakurli (East)” to the applicant within 30 days from the date of this order. 3. The respondent is directed to pay damages to applicant at the rate of Rs.20,