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Bombay High CourtWP/2776/2018disposed off

Mr. Kishor Sampat Watpade v. The Executive Engineer, Public Works Dept. And ORS.

2019-01-07Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice R.M. Borde15 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13125 OF 2017 Shri. Kisan Dattu Pachrane The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.1028 of 2018 Shri. Dharma Kedu Gangurde The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.1029 of 2018 Shri. Bajirao Sampat Aher The Executive Engineer, P.W.D. and ors.

` WRIT PETITION NO.2743 of 2018 Page-1/15

Smt. Lata Khanderao Shrishat and ors.

...Petitioners.

The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2744 of 2018 Rajkumar Ashok Shirshat The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2745 of 2018 Mangalabai Kedu Shirsath ..Petitioner.

The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2746 of 2018 Shri. Balu Gangadhar Ghadoje The Executive Engineer, P.W.D. and ors.

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WRIT PETITION NO.2747 of 2018 Sharadrao Sakharam Mali The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2748 of 2018 Shivji Gangadhar Ghadoje The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2749 of 2018 Mr.Ramrao Popat Pachorkar The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2750 of 2018 Yashodabai Manohar Watpade Page-3/15

The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2751 of 2018 Shri. Hari Popat Shirshat The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2752 of 2018 Shri. Madhukar Laxman Shirshat The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2753 of 2018 Smt. Kalpanabai B. Bhalerao and anr.

...Petitioners.

The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2754 of 2018 Page-4/15

Anjanabai Gopala Bhalerao since deceased through Lrs.

The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2755 of 2018 Smt.Sheela Vilas Dhage The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2756 of 2018 Mr. Ramesh D. Bagul The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2757 of 2018 Mr. Parashram Kisan Bhalerao The Executive Engineer, P.W.D. and ors.

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WRIT PETITION NO.2758 of 2018 Shri. Valu Shankar Gangurde The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2759 of 2018 Shri. Ramdas Dattatray Aware The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2773 of 2018 Shri. Khanderao R. Shirshat The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2774 of 2018 Sukdeo Popat Mohite and anr.

The Executive Engineer, P.W.D. and ors.

Page-6/15

WRIT PETITION NO.2775 of 2018 Shri. Pramod Dattatray Mali The Executive Engineer, P.W.D. and ors.

WRIT PETITION NO.2776 of 2018 Mr.Kishore Sampat Watpade The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.2777 of 2018 Mr.Balasaheb N. Pachorkar The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.2790 of 2018 Page-7/15

Mr.Bhausaheb Genu Pachorkar The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.2791 of 2018 Mr. Rahul Santu Pachorkar The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3845 of 2018 Kalpana Balasaheb Bhalerao The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3846 of 2018 Mr. Vasant Gopala Bhalerao Page-8/15

The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3847 of 2018 Mr. Prakash Rambhau Mali vs.

The Executive Engineer, PWD and ors.

...Repsondents.

WRIT PETITION NO.3848 of 2018 Shri. Nilesh Popatrao Ghadwaje The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3849 of 2018 Shri. Bhausaheb R. Pawar The Executive Engineer, P.W.D & ors.

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WRIT PETITION NO.3850 of 2018 Shri. Nivrutti Namdeo Mali The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3851 of 2018 Shri. Arun Sakharam Mali The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3852 of 2018 Smt. Alka Nivruti Mali The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3853 of 2018 Shri. Kailas Shivaji Nikhade Page-10/15

The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3854 of 2018 Mr. Dattatray Abaji Dhikle The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3855 of 2018 Shri. Dnyaneshwar Vasant Nikhade The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3856 of 2018 Mr. Kishor Dattatraya Mohite The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.3870 of 2018 Page-11/15

Shri. Bhikaji Kashinath Dhanayat The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.5460 of 2018 Mr. Sanjay M. Nikhade The Executive Engineer, P.W.D & ors.

WRIT PETITION NO. 5646 of 2018 Smt. Puja Kailas Shirshat The Executive Engineer, P.W.D & ors.

WRIT PETITION NO. 5735 of 2018 Mr. Kishore Dattatraya Mohite The Executive Engineer, P.W.D & ors.

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WRIT PETITION NO.5799 of 2018 Smt. Suvarna Pankaj Vatpade The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.12752 of 2017 Shri. Ganpat Yadav Wagh The Executive Engineer, P.W.D & ors.

WRIT PETITION NO.12755 of 2017 Shri. Nandkishore V. Shinde The Executive Engineer, P.W.D & ors.

WRIT PETITION NO. 12810 of 2017 Shaikh Yusuf Shaikh Hanif The Executive Engineer, P.W.D & ors.

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Mr. R.N.Gite for the Petitioners.

Ms. P.N. Diwan, AGP. for the State Respondent Nos. 1 to 4. CORAM : R.M.BORDE AND V.L. ACHLIYA, JJ.

DATE 7th January, 2019 PC :

1.

The cause of action stated to have accrued to the petitioners for approaching this Court is the Notice dated 13.6.2017 issued by the respondents calling upon the petitioners to remove the encroachment allegedly made by them to the extent of 3.5 meters to 4.5 meters beyond 33 ft. on both the sides of the road which is claimed to be without authority or law. Though the State Government contends that the petitioners are encroachers however, the petitioners have denied the contention and claimed title in themselves. However, it would not be necessary to go through the controversy since the Notice dated 13.6.2017 has been withdrawn by the respondents vide their communication dated 29.9.2017. The said communication is annexed to the reply by respondent No.2. In view of the above, we do not deem it Page-14/15

necessary to entertain the aforesaid writ petitions and accordingly those are disposed off.

2.

It is needless to mention that, it would be open to the petitioners to avail of the remedies available in law as and when cause of action accrues.

3.

It is informed by the learned AGP. that, in some of the petitions the petitioners have approached this Court though no notices were issued to them and there was no accrual of cause of action. Since all petitions are being disposed off it is needless to examine the contentions.

(V.L. ACHLIYA, J.) ( R.M. BORDE, J.) Page-15/15