Shantaram Anandrao Bhondve v. State Of Maharashtra And ORS
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14206 OF 2023 Shantaram Anandrao Bhondve
...Petitioner
Versus
State of Maharashtra & Ors
...Respondents
WITH WRIT PETITION NO. 14208 OF 2023 Gulab Sabir Mohammed Israil Ansari
...Petitioner
Versus
State of Maharashtra through GP & Ors
...Respondents
Digitally signed by ASHWINI H GAJAKOSH Date:
2023.11.10 10:20:16 +0530 ASHWINI GAJAKOSH WITH WRIT PETITION NO. 14218 OF 2023 Ansari Gulam Sabir Mohammed Israil
...Petitioner
Versus
Pimpari Chinchavad Mahanagarpalika Pune & Anr
...Respondents
WITH WRIT PETITION NO. 14220 OF 2023 Shantaram Anandrao Bhondve
...Petitioner
Versus
State of Maharashtra through Government Pleader & Ors
...Respondents
Mr Ajinkya Udane, for the Petitioners in all Writ Petitions. Mr YD Patil, AGP, for Respondent No. 1-State in all Writ Petitions. Mr Deepak More, with Shivram Gawade, for Respondents Nos. 2 to 10 (PPMC) in all Writ Petitions.
CORAM
G.S. Patel & Kamal Khata, JJ.
DATED:
PC:- WRIT PETITION NO 14206 OF 2023:
1.
Civil Writ Petition No 14206 of 2023 is infructuous. Also, we are told this is disposed of as such.
WRIT PETITION NO 14208 OF 2023:
2.
With the usual fairness for which he is so well known in this Court, Mr Udane states that the impugned notice at page 22 is not a recent notice. It is of 25th September 2020 but the Petition is more recent, of 4th May 2023. He therefore states, in fairness, that he is not pressing for ad-interim reliefs today but will argue the matter after the vacation. Since he does not mention which vacation, we place the matter in January 2024.
3.
List the Writ Petition No 14208 of 2023 on 10th January 2024.
WRIT PETITION NO 14218 OF 2023:
4.
List this matter along with Writ Petition No 14208 of 2023 on 10th January 2024.
WRIT PETITION NO 14220 OF 2023:
5.
It is not possible to grant relief. On 30th May 2022, one Shantaram Anandrao Bhondve received a notice. That was the subject matter of a Writ Petition No 14206 of 2023 that has been said to be infructuous. The noticed structure came in the alignment of a Bus Rapid Transit System Road and was said to be of one floor and admeasuring 990 sq mts. The present notice is of 8th November 2023. The dimensions are totally different: one portion is 900 sq mts, and another portion is 64 sq mts. Moreover, the notice is issued in the name of Pravin Bhondve, the son of Shantaram Bhondve. But this Petition is not filed by Pravin Bhondve at all but is filed by Shantaram Bhondve. Mr Udane states that the son may have an undivided share in the structure or the property. We cannot tell. We do not see how reliefs can be sought by one person on behalf of another. The noticee was not the Petitioner.
6.
No orders in this Writ Petition.
7.
If the Petitioner has made an application for regularisation paid fees, the Petitioner is at liberty to approach the Pimpri Chinchwad Municipal Corporation and make an application that the regularisation proposal be considered first and that demolition
should not take place in the meantime. It stands to reason that if the demolition takes place, there will be nothing left to regularise. It should not happen that an otherwise valid regularisation proposal is rendered infructuous.
(Kamal Khata, J) (G. S. Patel, J)