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Bombay High Court

Kashinath Sopan Istalkar vs The Union Of India And Others on 28 February, 2022

Author: S. G. Mehare

Bench: Ravindra V. Ghuge, S. G. Mehare

                                      1              4-WP.5069-19 & ors.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

               4 WRIT PETITION NO.5069 OF 2019
           WITH CA/2855/2022 IN WP/5071/2019 WITH
      CA/2859/2022 IN WP/5080/2019 WITH CA/2851/2022 IN
       WP/5069/2019 WITH CA/2852/2022 IN WP/5073/2019
           WITH CA/2860/2022 IN WP/5070/2019 WITH
           WP/10448/2019 WITH WP/11909/2019 WITH
      WP/5073/2019 WITH WP/5043/2019 WITH WP/5079/2019
         WITH WP/11350/2019 WITH WP/5080/2019 WITH
      WP/5071/2019 WITH WP/5041/2019 WITH WP/5040/2019
         WITH WP/5042/2019 WITH WP/6558/2019 WITH
      WP/9747/2019 WITH WP/9892/2019 WITH WP/5070/2019
                      WITH WP/3547/2019

                         KASHINATH SOPAN ISTALKAR
                                  VERSUS
                       THE UNION OF INDIA AND OTHERS

                                      ...
                Advocate for Petitioner : Mr. Panale Sachin S.
          Advocate for Petitioner in WP/11350/2019 : Mr. S. S. Tope.
               AGP for Respondents-State : Mr. P. K. Lokhotia.
                 ASGI for Respondent-UOI : Mr. A. G. Talhar.
          Advocate for Respodnent Nos.1A, 6 & 7 : Mr. D. G. Nagode.
              Advocate for respondent No.7 : Mr. M. D. Thube.
           Advocate for Respondents : Mr. R. B. Bhosale & Mr. A. B.
                            Dhongade, respectively.
                                      ...

                               CORAM : RAVINDRA V. GHUGE, AND
                                       S. G. MEHARE, JJ.

DATE : 28.02.2022 PER COURT :-

1. The learned advocate Ms. Mhase is discharged from appearing on behalf of respondent No.7 since the said ::: Uploaded on - 28/02/2022 ::: Downloaded on - 02/03/2022 05:19:51 ::: 2 4-WP.5069-19 & ors.odt authority, post modification of the description of respondent No.7 has engaged learned advocate, Mr. Nagode.

2. It transpires from the submissions of the learned advocate representing respondent No.4 on the basis of the affidavit-in-reply dated 11.07.2019 that earlier the road as in 1964 developed under the EGS was twelve (12) meters inclusive of the side margins. In 1981, the said road was converted into a thirty (30) meters' width road by the State Government. Respondent No.7 has only received the said road vide the Government Resolution dated 26.10.2010 issued by the Revenue and Forest Department and in the light of the communication dated 11.07.2018.

3. Considering the above, the issue turns upon the State Government having acquired 18 meters of land so as to increase the width of the road from twelve (12) meters to thirty (30) meters.

4. The learned AGP seeks a short time to take instructions as to what were the steps adopted by the State Government while increasing the width of the land. ::: Uploaded on - 28/02/2022 ::: Downloaded on - 02/03/2022 05:19:51 :::

3 4-WP.5069-19 & ors.odt

5. Stand over to 02.03.2022 in the "Urgent Admissions Category".

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ...

vmk/-

::: Uploaded on - 28/02/2022 ::: Downloaded on - 02/03/2022 05:19:51 :::