Bombay High Court
Prashant Prabhakar Gavali vs The State Of Maharashtra And Others on 11 February, 2019
Author: Sunil P. Deshmukh
Bench: Sunil P. Deshmukh
1 Writ Petition No. 1937/2019+group
IN THE HIGH COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD
56. WRIT PETITION NO.1937 of 2019
WITH
62. WRIT PETITION NO.1956 OF 2019
WITH WP/1957/2019 WITH WP/1958/2019
WITH WP/1959/2019 WITH WP/1960/2019
WITH WP/1961/2019 WITH WP/1962/2019
WITH WP/1963/2019 WITH WP/1964/2019
WITH WP/1965/2019 WITH WP/1966/2019
Babita W/o Balaji Bondar ...Petitioner
VERSUS
The State of Maharashtra and others ...Respondents
Mr. Sachin S. Bhise, Advocate for petitioners in all petitions
Mr. S.N. Kendre, Asstt. Govt. Pleader for respondents No.1 to 3
CORAM : SUNIL P. DESHMUKH, J.
DATE : 11 th February, 2019
ORDER:
1. Issue notice to respondents, returnable on 25 th February, 2019.
2. Learned Assistant Government Pleader waives notice for respondents No. 1 to 3.
3. Learned counsel for petitioners urges for interim relief stating that the properties have been in possession of petitioners under valid transaction for over 25 to 30 years and those have been developed with due permission of local authority. Pursuant to orders by this court in a writ petition purportedly the matter ::: Uploaded on - 13/02/2019 ::: Downloaded on - 13/02/2019 23:40:30 ::: 2 Writ Petition No. 1937/2019+group was supposed to be inquired, however, in violation of principles of natural justice, impugned orders have been passed directing removal of structure standing over the properties. He submits that there is grave apprehension that the orders would be implemented.
4. Having regard to aforesaid, there shall be ad-interim relief in terms of prayer clause "C" till the returnable date.
5. In addition to service through court process, petitioners shall serve respondent No.4 by any legally acceptable private mode of service and file affidavit along with tangible proof to that effect within a period of one week before returnable date. In case of failure to serve respondent No.4 privately and file affidavit as directed before returnable date, ad-interim relief, as has been granted, would cease to operate.
6. Learned counsel for petitioners submits that the subject matter involved in present writ petition is the same as involved in group of writ petitions bearing no. 1132 of 2019 and companion matters. As such, present matters as well be placed alongwith said group of petitions on 25th February, 2019.
( SUNIL P. DESHMUKH ) JUDGE.
Madkar ::: Uploaded on - 13/02/2019 ::: Downloaded on - 13/02/2019 23:40:30 :::