Bhushan Dagdu Kachave And ANR v. The State Of Maharashtra And ORS

11-WP.15829.2022 jvs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15829 OF 2022 Bhushan Dagdu Kachave & Ors.

} Petitioners

Versus

The State of Maharashtra & Ors. } Respondents SALUNKE J V SALUNKE J V Date: 2023.01.04 19:28:45 +0530 Mr. Anilkumar K. Patil with Ms. Sonal Rajput for the petitioners.

Ms. Chaitrali Deshmukh for respondents 3 to 5.

Ms. Rukmini Khairnar i/b. Mr. Pramod Joshi for intervener in IAST/32549/2022.

Mr. P. P. Kakade, Government Pleader with Mr. R. P. Kadam, AGP for State.

CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.

DATE:

JANUARY 4, 2023 P.C.:

1.

We have heard learned advocate for the petitioner. He submits that the respondents are illegally converting a canal into a pipeline. According to the learned advocate, because of the said activity, irreparable loss would be caused to the villagers of nine villages. It is only because some political persons are interested, the said decision is taken by the respondents. The notification dated 4th May 2021 is illegal and would not serve any public purpose.

2.

It appears that the petitioner has given a representation. Respondent no. 2 and/or the competent authority shall take

11-WP.15829.2022 decision on the representation of the petitioner dated 5th December 2022 (page 83) on its own merits and in accordance with law and policy expeditiously, preferably within six weeks from today. The petitioner may also file additional representation with the competent authority. Depending upon the decision taken, the parties may take steps.

3.

The writ petition is disposed of. No costs.

4.

The interim application also stands disposed of. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)