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Bombay High Court

Navdurga Samajik Trust Temple Of Durga ... vs The State Of Maharashtra Thr Prin. Sec. ... on 8 October, 2025

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

           Digitally
           signed by                                                                     917-WPST-24264.DOC
           PRASHANT
PRASHANT   VILAS RANE
VILAS
           Date:
RANE       2025.10.14
           12:32:47
           +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION (st) NO. 24264 of 2025

                Navdurga Samajik Trust, Temple of Durga Mata.            ...Petitioner
                               Vs
                State of Maharashtra & Ors.                              ...Respondents
                                                    __________
                Mr. Manoj Naik for the Petitioner in WP(ST)/24264/2025 and Intervenor/ Applicant
                in IA/6875/2025.
                Mr. Pravin Samdhani, Senior Advocate aw Mr. Mayur Khandeparkar Mr Jagdish G.
                Aradwad (Reddy) aw Mr. Abhijit Patil, for Resp No.9 in WP(ST)/24264/2025
                Mr. A.A. Alaspurkar AGP for the State for Respondent Nos.1,6,7,8 in
                WP(ST)/24264/2025
                Mr. Prasad Dhakephalkar, Senior Advocate aw Mr. Vijay Patil, Senior Advocate i/b Mr.
                Deepak More for the SRA/Pune for Resp Nos. 2 to 4 in WP(ST)/24264/2025.
                Mr. Kapil Rathor aw Mr. Heenesh Rathod for the Petitioner in CP(ST)/31459/2025
                andv for the Intervenor in IA/2016/2025.
                Mr. R.S. Khadapkar for Resp No.5/ PMC.
                                                    __________

                                                        CORAM:       G. S. KULKARNI &
                                                                     AARTI SATHE, JJ.
                                                        DATE:        10 October 2025.
                P.C.

                1.           Not on board taken on board.

2. Leave to amend to implead 'Yerawada Gadi Wadar Housing Society through its Secretary/Chairman'. Amendment be carried out during the course of the day. Permission to the Advocate for the petitioner to serve the society by private service.

3. AGP represents respondent Nos.1, 6, 7 & 8. Mr. More, Advocate waives service for respondent Nos.2, 3 and 4 - Slum Rehabilitation Authority.

4. Mr. Khadapkar, Advocate waives service for respondent No.5-Pune Municipal Corporation. Mr. Samdhani, learned Senior Counsel instructed by Mr. Page 1 of 2 P. V. Rane ::: Uploaded on - 14/10/2025 ::: Downloaded on - 17/10/2025 22:45:59 ::: 917-WPST-24264.DOC Reddy, Advocate represents respondent No.9-Ajmera Bora Associates. Respondent Nos.10 and 11 are required to be served. In regard to these respondents also permission to the Advocate for the petitioner to serve respondent Nos.10 and 11 by private service by all permissible mode and place on record an affidavit of service to that effect. Parties are put to notice that on the adjourned date of hearing the Court shall proceed to hear the parties and make an endeavour to pass appropriate orders.

5. If the unserved respondents despite service are not represented, it will be presumed that the unserved respondents are not interested to contest the present proceedings. Let a copy of this order be also served alongwith the notice to be issued.

6. As the petitioner contends that the religious structure of the petitioner is on plot Survey No.111 and not on Survey No.112A & 112B on which the slum rehabilitation scheme being implemented, it is appropriate that the District Inspector Land Record (DILR) is directed to undertake exercise of demarcation of the property so as to identify as to whether the claim of the petitioner that the religious structure / temple of the petitioner's trust is situated on which of the survey numbers.

7. Let report to that effect be placed on record on the adjourned date of hearing. Petitioner shall make formal application for measurement to DILR within one week from today. All parties in this regard shall co-operate.

8. Stand over to 12 November 2025. HOB.

(AARTI SATHE, J.)                                      (G. S. KULKARNI, J.)

                                        Page 2 of 2

P. V. Rane


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