Anand Kashiram Sapkale v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7261 OF 2023 ANAND KASHIRAM SAPKALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Sapkale Sumeet A. AGP for Respondent 1/State : Shri S.B. Yawalkar Advocate for Respondents 2 and 3/ MC : Shri S.R. Patil ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 05th July, 2023 Per Court :- 1.

Considering the disputed issue as to whether, any entity has caused any encroachment in the face of the fact that no individual has been arrayed as a Respondent so as to allege that the encroachment has been caused by him on the open space, we do not intend to entertain this petition.

2.

The Petitioner has a statutory efficacious remedy of approaching the Civil Court. Needless to state, the concerned Municipal Authority is also expected to perform it's duty if it receives any complaint as regards an encroachment of

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3.

The Writ Petition is, therefore, disposed off. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)