Sandeep Ramesh Pawar v. The State Of Maharashtra Throu. Its Principal Sec. Govt Of Maharashtra And ORS

Husen 1 905 WP-14299-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14299 OF 2023 Sandeep Ramesh Pawar and Anr.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

**** Mr. Gaurav Nankar a/w. Aditya Raktade, for Petitioners. Mr. B.V. Samant, Addl. G.P. a/w. Mr. M.M. Pable, AGP for Respondent Nos. 1, 2 3 & 5.

**** CORAM: NITIN JAMDAR & M.M. SATHAYE, JJ.

by HUSENBASHA RAHAMAN NADAF Date: 2024.04.15 10:36:29 +0530 HUSENBASHA RAHAMAN NADAF DATE : 4 APRIL 2024 P.C.:

.

The Petitioners have already filed a writ petition bearing Writ Petition No. 15086 of 2022 wherein order is passed directing the demarcation to be carried out by Deputy Superintendent of Land Record. The Petition was filed on the ground that the Respondents have removed unauthorized construction and because the Petitioners had received a notice dated 3 November 2022 for removal of unauthorized construction. The demarcation was directed and petition was adjourned.

2.

Thereafter, another writ petition is filed i.e. present one for the very same land because of a subsequent notice. The petition is entirely misconceived since Writ Petition No. 15086 of 2022 is

Husen 2 905 WP-14299-2023.doc pending on the same subject matter and subsequent notice could have been challenged by way of amendment or by way of interim application.

3.

Learned AGP states that the measurement is carried out, however, report is not yet submitted and only after the report is so submitted the aspect of the measurement would be clear and further action would be taken.

4.

After receipt of the report, copy be given to the Petitioners and date for further action sufficiently in advance be intimated. Since the Writ Petition No. 15086 of 2022 is pending, it is open to the Petitioners to seek necessary amendment or take out an interim application in writ petition No. 15086 of 2022. 5.

This writ petition is accordingly disposed of. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)