Nagpur: The Nagpur Bench of the Bombay High Court has ruled that the police do not have the authority to seal private property and directed that the premises housing Adwani Dhaba be handed back to its owner within 24 hours.
Justices Anil Pansare and M.M. Nerlikar made the ruling during a hearing on 25 August 2025, rejecting the police’s request for time to justify the sealing action. During the proceedings in Criminal Writ Petitions 633/2025 and 637/2025, Additional Public Prosecutor Shamshi Haider argued that the police had acted with valid intentions and requested time to provide justification. However, the court noted that the police have no legal authority to seal properties, making justification unnecessary under settled law. The APP subsequently assured the court that corrective action would be completed within 24 hours, which was accepted.
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18 Aug 2025
The petitioners, Vishnu Dhanraj Adwani (WP No. 637/2025) and Swapnil Ambadas Adwani (WP No. 633/2025), were represented by Senior Counsel Akshay Naik, assisted by advocates Sumeet Bodalkar, Gaurav Gour, and M.P. Khajanchi.
The property, located on New Itwari Road near Gandhi Putla Square, Itwari, Nagpur, has been in the lawful possession of Vishnu Dhanraj Adwani since 1946. A part of the building was previously rented to the Gidwani brothers, where Jayshiv Parmanand Gidwani ran a restaurant. In April 2022, Vishnu Adwani took back possession from the Gidwanis and leased it to Swapnil and Badal Adwani.
In May 2025, Tehsil Police Station registered a case against Swapnil Adwani following a complaint by Jayshiv Gidwani. Subsequently, the Gidwani family and Gotya Bhau allegedly began threatening the Adwanis, prompting further police action.
Currently, Vishnu Adwani operates Adwani Dhaba from the premises. On 30 July 2025, the Tehsil Police Station had sealed the building, issuing a possession receipt to Vishnu Adwani, citing powers under Section 164 of the Bharatiya Nagrik Suraksha Sanhita, 2023—a move now overturned by the High Court.
