"In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegal," a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta.

 

The apex court declined to entertain the writ petition against the Bombay High Court's judgment.

 

If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution before this Court, the bench explained.

 

Court dismissed the writ petition, leaving it open for the petitioners to avail such other remedy as may be available under law.

 

Petitioners Vimal Babu Dhumadiya and others filed the writ petition, seeking a direction to declare the judgment rendered as illegal for having been passed without hearing the necessary parties.

 

They also sought a direction to the Maharashtra government and others to survey the properties upon which the apartments of the petitioners and others, had been constructed by the 10th respondent, to ascertain encroachment upon government land.

 

They also sought a direction to the state government to regularise the petitioners’ apartments and to grant occupancy/leasehold rights over the alleged government lands over which their apartments had been constructed.

 

The petitioners also sought a direction to restrain the state government and their agents, from interfering in any manner whatsoever, with the enjoyment of the apartments owned by them and others, until due process of law is followed in respect of the disputed ownership rights over the properties.

 

The petitioners were aggrieved with the judgment of the Division Bench of the Bombay High Court of July 25, 2024 passed in writ petition of 2019.