Anandkumar Ramchandra Chordiya v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.3011 OF 2019 Anandkumar Ramchandra Chordiya, Age : 50 years, Occu.: Business, R/o : At Post Pathardi, Tq. Pathardi, District Ahmednagar.
... Petitioner
VERSUS
1.
The State of Maharashtra Through the Secretary, Urban Development Department, Mantralaya, Mumbai-32.
2.
The Collector, Ahmednagar, Dist. Ahmednagar.
3.
The Sub Divisional Officer, Pathardi Division, Pathardi, Tq. Pathardi, Dist. Ahmednagar.
4.
The Divisional Commissioner, (Municipal Administration Department) Nashik Division, Nashik.
5.
The Chief Officer, Pathardi Municiapal Council, Tq. Pathardi, District Ahmednagar.
6.
Ramnath Bhagwan Khedkar.
7.
Bandu Eknath Nangare.
8.
Akshay Sunil Kadam.
9.
Kalpana Ashok Kokate.
10. Santosh Uttam Sontakke.
11. Natha Kashinath Kokate.
12. Farukh Sharif Shaikh.
13. Baban Damodhar Narwade
14. Ashok Karbhari Ghodke
15. Bhausaheb Bappu hake.
16. Dhanraj Rajendra Ghidkhe.
... Respondents ....
Mr. S.K. Kadam, Advocate for Petitioner;
Mr. A.R. Kale, A.G.P. for Respondent Nos.1 to 4. ....
CORAM : PRASANNA B. VARALE AND S.M. GAVHANE, JJ DATED : 04th MARCH, 2019 PER COURT:- 1.
Heard Mr. Kadam, learned counsel appearing for the petitioner.
2.
The only grievance raised in the petition is that the petitioner is time and again approached the various authorities apprising the authorities that there is an unauthorised construction on the land of the petitioner as well as on a public road and requested the authorities to take appropriate steps, no heed is paid. Last such representation is submitted to Respondent No.1 - Secretary, Land Revenue Department, Mantralaya, Mumbai and Collector, Ahmednagr, Chief Officer, Pathardi Municipal Council and the Divisional Commissioner Nashik Division, Nashik on 19.11.2018. The reference is made to notices issued by the Chief Executive Officer, Municipal Council, Pathardi as well as the order passed by this Court in Writ Petition No.10174/2018 dated 07.09.2018 and an earlier representation/application dated 24.09.2018. Copy of the said
representation is at Exhibit 'J'. This being a limited grievance of the petitioner.
3.
The petition is disposed of with direction to the authorities i.e. Respondent No.2 - Collector, Ahmednagar, Respondent No.5 - Chief Officer, Pathardi Municipal Council, Respondent No.4 - Divisisional Commissioner, Nashik Division, Nashik and Respondent No.1 - Secretary Urban Development Department, Mantralaya, Mumbai to pass appropriate orders on the representation dated 19.11.2018. Needless to state on the merit on the merit of the representation. We further make it clear that the authorities are at liberty to pass number of order, in case the authority of an opinion that the subject matter is not on issue to be considered by them in the domain of their powers. The authorities to pass appropriate orders, as expeditiously as possible, and not later than (4) weeks from the date of order of this Court. If the authorities are of an opinion to follow the principle of natural justice, the authority may provide such opportunity of hearing to the petitioner and the other interested parties.
4.
With these directions, the petition is disposed of. ( S.M. GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Sudhir Rane