Satish Rambhau Kankate And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:16072-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 7491 OF 2024 SATISH RAMBHAU KANKATE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'S SECRETARY AND OTHERS Mr.S.A.Ambad, Advocate for the Petitioners.

Mr.K.K.Naik, AGP for the Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : JULY 24, 2024 PER COURT :

1.

Prayer clause 'B' is contradictory to prayer clause 'C'. These 2 prayers read thus :- "B.

By issuing writ of mandamus or any other appropriate writ, order or direction in the like nature, the respondents authorities may kindly be directed to complete the work of cement road by following the due procedure of Law and to leave the side drains or pipes should be planned for disposal of rain water during road works ; C. Pending hearing and final disposal of this Writ Petition, the work of construction of cement road of village Toki-Khojewadi, Tq. Gangapur, Dist.Aurangabad sanctioned under the scheme of MLA Local Development Program 2023-24 may kindly be stayed;" khs/July 2024/7491

- 2 - 2.

The learned AGP submits that the work has now been completed.

3.

The learned Advocate for the Petitioners submits that because the concrete road is on an elevated height, rain water is entering his field. He desires that the disposal of rain water with side drains may be directed.

4.

In view of the above, the learned Advocate for the Petitioners submits that he would make a detail representation to Respondent No.4, Tahsildar, Gangapur and request him to look into his problem.

5.

This Writ Petition is disposed off. We direct Respondent No.4 to expeditiously deal with the representation of the Petitioners considering that the agriculture season has commenced and it is their claim that the clogged rain water is getting accumulated in their agricultural field.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2024/7491