LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/neha-chandrakant-shroff-anr-vs-the-state-of-maharashtra-ors-20250408/ · Printed 07 Nov 2026
Civil · Reportable judgment

Neha Chandrakant Shroff & Anr. vs The State of Maharashtra & Ors.

Court
Supreme Court of India
Date
8 April 2025
Case No.
Civil Appeal No. 5098 of 2025
Result
Disposed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 5 S.C.R. 616 : 2025 INSC 484
Acts & Sections
Constitution Right to Information Act, 2005 Maharashtra Land Requisition Act, 1948 Maharashtra Rent Control Act, 1999
Supreme Court Reports [2025] 5 S.C.R. 616 : 2025 INSC 484
Issue for consideration
Issue arose as regards the order passed by the High Court, rejecting the writ petition filed by the appellants u/Article 226 of the Constitution praying for the possession of property given for temporary occupation to police officials in 1940.
Headnote

Constitution of India – Art.226 – Writ jurisdiction – Exercise of, when alternative remedy available – Writ petition by the appellant seeking for possession of their two flats which were permitted to be temporarily occupied by the police department at their request to meet the requirement of housing police officers in the year 1940 – High Court rejected the petition holding that it was not inclined to exercise jurisdiction u/Art.226 because there was no written order of requisition – Correctness:

Held: High Court should have readily exercised its writ jurisdiction – Constitutional powers vested in High Court or Supreme Court cannot be fettered by any alternative remedy available to the party concerned – Injustice, whenever and wherever it takes place, should be struck down as an anathema to the rule of law and the provisions of the Constitution – High Court was hesitant to exercise its writ jurisdiction as it got confused on the aspect of nature of possession – High Court found the possession to be permissive in nature and thought fit to relegate the appellants to avail alternative remedy of filing a suit – High Court should have kept in mind that the year was 1940 when the country was ruled by Britishers and was fighting hard to seek independence – At that time, department might have persuaded the appellants/predecessors in title to part with the possession of two flats for Police Department – However, it has been 84 years that the Police Department was in occupation and for past eighteen years even rent was not paid – If the appellants are asked to institute a suit would be like adding insult to the injury – Rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion – There can be many contingencies in which High Court may be justified in exercising its writ jurisdiction inspite of availability of an alternative remedy – Thus, the impugned judgment passed by the High Court set aside – Respondents to handover vacant and peaceful possession of both the flats to the appellants along with the arrears of rent. [Paras 6, 8-12]

Keywords: Writ Petition · Exclusion of writ jurisdiction · Permissive possession · Recovery of possession · Housing police officials · Temporary occupation · Order of requisition · Possession · Constitutional powers · Anathema to rule of law · Writ jurisdiction · Availability of alternative remedy · Police department · Requirement of housing police officers

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. This appeal arises from the impugned judgment passed by the High Court of Judicature at Bombay dated 30th April, 2024 in Writ Petition No.2135 of 2009 by which the Writ Petition filed by the appellants herein against the State of Maharashtra and Others came to be rejected. The impugned judgment dated 30th April, 2024 reads thus:1. In this writ petition, filed under Article 226 of the Constitution of India, the petitioners seek a declaration that the action on the part of the respondents in not releasing and thereafter restoring the possession of Flat Nos.11 and 12
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →