Kisan Sarjerao More And Others v. The State Of Maharashtra And Others

{1} wp131516.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1315 OF 2016 Kisan s/o Sarjerao More & others Petitioners

Versus

State of Maharashtra & others Respondents Mr.V.D.Salunke, advocate for petitioners Mr.S.K.Kadam, A.G.P. for Respondents.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 03rd February, 2016 PER COURT:

Leave to add District Collector, Jalna, as party respondent.

The grievance raised by petitioners is in respect of widening of major district road passing through Mantha city. Petitioners contend that PWD authorities have wrongly fixed central line of the road and branded petitioners as encroachers.

The contention raised by petitioners has been disputed by Respondent-authorities.

Since petition involves disputed questions of facts, we deem it appropriate to relegate petitioners to the Collector, Jalna, who, after extending an opportunity of hearing to both the parties, shall determine the issue. If petitioners tender representation

{2} wp131516.odt within a period of one week from today, the Collector, after hearing both the parties, shall pass appropriate order and may issue necessary instructions, within a period of two weeks from the date of receipt of representation.

Till the issue is decided by the Collector, Respondentauthorities shall not take any coercive action against petitioners. With the directions as above, writ petition stands disposed of.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp131516