Shri. Sanjay Anant Parab And ORS v. The State Of Maharashtra Through Principal Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3067 OF 2016 Shri Sanjay Anant Parab & ors.

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Petitioners V/s.

The State of Maharashtra & ors.

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Respondents Mr. Amol D. Joshi for the petitioner.

Mr. V.M. Mali, AGP for respondents 1,5,7,9 and 13. CORAM :

NARESH H. PATIL AND DR. SHALINI PHANSALKAR-JOSHI, JJ.

4th April, 2017.

P.C.

The petitioner's grievance is that at the instance of Grampanchayat, road is being constructed by respondent no.14. The objections broadly are that more than the required area is being taken into possession by the panchayat for construction of roads. The petitioner's land is also getting affected due to the action taken by the Sarpanch. The petitioner's grievance is that unless lands are acquired, the panchayat cannot construct roads. It is submitted that the representation was made to Collector, Sindhudurga on 12th November,

2/2 10wp3067.16.sxw 2013. But thereafter no such representation was made. Though the petition is pending since last one year, no reply has been filed by the respondents.

2.

Without expressing any opinion on the merits of the case, we observe that the petitioner is entitled to file a comprehensive representation addressed to Collector of Sindhudurga within two weeks from today. In case such a representation is received, we direct the Collector to look into the matter.

3.

Writ Petition stands disposed of.

(DR. SHALINI PHANSALKAR-JOSHI, J) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.