Bombay High Court
Navdurga Samajik Trust Temple Of Durga ... vs The State Of Maharashtra Thr Prin. Sec. ... on 12 November, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
5 WP 14448-24.DOC
LAXMI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
SONTAKKE CIVIL APPELLATE JURISDICTION
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2025.11.14
11:44:08 +0530 WRIT PETITION NO. 14448 OF 2024
Ajmera Bora Associates ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 7846 OF 2025
IN
WRIT PETITION NO. 14448 OF 2024
WITH
INTERIM APPLICATION NO. 2016 OF 2025
IN
WRIT PETITION NO. 14448 OF 2024
WITH
INTERIM APPLICATION NO. 6875 OF 2025
IN
WRIT PETITION NO. 14448 OF 2024
WITH
CONTEMPT PETITION (ST.) NO. 31459 OF 2025
IN
WRIT PETITION NO. 14448 OF 2024
WITH
CONTEMPT PETITION NO. 32 OF 2025
WITH
INTERIM APPLICATION (ST.) NO. 23999 OF 2025
IN
CONTEMPT PETITION NO. 32 OF 2025
_______
Mr. Surel Shah, Senior Advocate a/w Jagdish G. Aradwad (Reddy) for Petitioner in
WP/14448/2024, CP/32/2025 and for Respondent No.9 in WPST/24264/25 and
for the Applicant in IA/7846/2025.
Mr. A. A. Alaspurkar, AGP for the State in WP/14448/24 and for Respondent
Nos. 1, 6, 7 & 8 in WPST/24264/25
Mr. Prasad Dhakephalkar, Senior Advocate a/w Vijay Patil, Senior Advocate a/w
Deepak More, Shivram Gavade for the SRA Pune/Respondent Nos. 2 to 4 in
WP14448 of 2024 and for Respondent No.2 to 4 in WPST 24264/25.
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5 WP 14448-24.DOC
Mr. Manoj Naik for the Petitioner in WPST/24264/25 and for Applicant in IA
6875/2025.
Mr. Kapil Rathor a/w Heenesh Rathod for the Petitioner in CPST/31459/25 and
for Intervenor in IA/2016/2025.
Mr. R. S. Khadapkar for Respondent No.5.
Mr. Aditya Nair i/b. A and P Partners for Respondent No.10.
Mr. Shivam Padale i/b. Parinam Law Associates for Respondent No.11.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 12th NOVEMBER 2025 P.C.
1. We have heard the learned Counsel for the parties for some time. Mr. Surel Shah, in view of the discussions in Court today and more particularly the position taken on behalf of the Intervener, has fairly stated that an appropriate position shall be taken by the Petitioner and communicated to the Court on the adjourned date of hearing.
2. We may, however, briefly record that the dispute regarding the Vajreshwari Temple, occupying a corner of the plot which is the subject matter of the Slum Rehabilitation Development, is as the Interveners assert that the temple has been in existence for more than 250 years, which is disputed by the Petitioner.
3. Be that as it may, the Petitioner is granted liberty, subject to all rights and contentions of the parties occupying parts of the land, to take an appropriate position. These are private disputes that are required to be resolved in accordance with law, and the Slum Rehabilitation Development shall always be subject to such rights and contentions as the parties intend to canvass.
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4. We accept Mr. Shah's contention that the Petitioner shall take an appropriate position. In this view of the matter, the proceedings stand adjourned to 25th November 2025 (HOB).
WRIT PETITION (L) NO. 24264 OF 2025
5. We had passed a detailed order on 10th October 2025 regarding the demarcation to be undertaken by the District Inspector of Land Records (DILR), more particularly as set out in paragraph 6 of the said order.
6. Despite this, the Petitioner was unable to secure compliance, and the orders have not been carried out. Accordingly, as a last opportunity to the DILR, we direct the demarcation in respect of the survey numbers as set out in the said order, and in accordance with the observations recorded therein. The report of completion shall be placed on record. No extension shall be granted for any reason whatsoever.
7. The learned Additional Government Pleader (AGP) shall communicate this order to the DILR. The affidavit on behalf of Respondent No.9 shall also be placed on record and a copy served on the Advocates for the Petitioner.
8. The learned Advocate for the Petitioner intends to file a rejoinder affidavit. Such rejoinder affidavit may be filed to the reply affidavit to be filed on behalf of the DILR, placing on record the correct position.
9. The DILR shall complete the entire exercise within a period of 10 days from today, and the affidavit evidencing completion shall be served well in advance on all parties.
10. To be listed on 25th November 2025 (HOB).
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