Bombay High Court
Shivaji Laxman Bhise And Another vs The State Of Maharashtra And Others on 14 February, 2019
Author: Sunil P. Deshmukh
Bench: Sunil P. Deshmukh
1 Writ Petition No. 2099/2019+5
IN THE HIGH COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD
908. WRIT PETITION NO. 2099 of 2019
Umesh S/o Bansidhar Sonawane ...Petitioner
VERSUS
The State of Maharashtra and others ...Respondents
WITH
909. WRIT PETITION NO. 2100 of 2019
Dada Babasaheb Shinde ...Petitioner
VERSUS
The State of Maharashtra and others ...Respondents
WITH
910. WRIT PETITION NO. 2101 of 2019
Prakash Shankar Waghchaure and another ...Petitioners
VERSUS
The State of Maharashtra and others ...Respondents
WITH
911. WRIT PETITION NO. 2102 of 2019
Shivaji S/o Laxman Bhise and another ...Petitioners
VERSUS
The State of Maharashtra and others ...Respondents
WITH
912. WRIT PETITION NO. 2103 of 2019
Mohan Bhimrao Waghchaure ...Petitioner
VERSUS
The State of Maharashtra and others ...Respondents
WITH
920. WRIT PETITION NO. 2149 of 2019
Babanrao Baburao Kadam ...Petitioner
VERSUS
The State of Maharashtra and others ...Respondents
::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/02/2019 01:46:49 :::
2 Writ Petition No. 2099/2019+5
Mr. Ashish T. Jadhavar, Advocate for petitioners in all petitions
Mr. S.N. Kendre, Asstt. Govt. Pleader for respondents No.1 to 3
in writ petitions No. 2099/2019 & 2100/2019
Mr. S.B. Pulkundwar, Asstt. Govt. Pleader for respondents No.1 to
3 in writ petitions No. 2101/2019 & 2102/2019
Mr. G.O. Wattamwar, Asstt. Govt. Pleader for respondents No.1 to
3 in writ petitions No. 2103/2019 & 2149/2019
CORAM : SUNIL P. DESHMUKH, J.
DATE : 14 th February, 2019
ORDER:
1. Issue notice to respondents, returnable on 25 th February, 2019.
2. Respective 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 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.
::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/02/2019 01:46:49 ::: 3 Writ Petition No. 2099/2019+5
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 - 15/02/2019 ::: Downloaded on - 16/02/2019 01:46:49 :::