Pundalik Somla Rathod And Others v. The State Of Maharashtra And Others
2025:BHC-AUG:15606-DB 6-wp4784.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.4784 OF 2022 Madhavrao s/o. Pandit Patil and ors.
..Petitioners vs.
The State of Maharashtra and ors.
..Respondents AND WRIT PETITION NO.3292 OF 2022 Kailas Julal Patil and anr.
..Petitioners vs.
The State of Maharashtra and ors.
..Respondents AND WRIT PETITION NO.4833 OF 2022 Chandrashekhar Ajit Wagh and ors.
..Petitioners Vs.
The State of Maharashtra and ors.
..Respondents AND WRIT PETITION NO.4835 OF 2022 Pundalik Somla Rathod and ors.
..Petitioners Vs.
The State of Maharashtra and ors.
..Respondents ---- Mr.Bhushan I. Mahajan, Advocate for petitioners Mr.P.K.Lakhotiya, AGP for respondent nos.1 to 5 Mr.P.V.Balkhande, Advocate for respondent no.6 in W.P. No.3292/2022 ----
CORAM
:
R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE :
JUNE 17, 2025
6-wp4784.2022 ORDER :- Heard learned counsel for the petitioners and learned AGP for respondent nos.1 to 5.
2.
The petitioners in this group of petitions claim that their lands have been affected by the work undertaken by the respondent - Public Works Department, for widening of the existing State Highway no.25. According to the petitioners, the width of the road was originally 3.75 mtrs. Learned AGP disputes the same. According to him, no work of extension of width of the existing road has been or would be undertaken. Learned AGP would further submit that the width of the said road differed at various places. According to him, the only work of improvement of road and maintenance thereof has been undertaken.
3.
At this stage, we are not going into the factual matrix of the matter. The purpose would be served if a joint measurement is carried out of the lands which are alleged to have been affected. 4.
Learned counsel for the petitioners would be content with if a joint measurement of the lands is undertaken. 5.
In view of the above, the Writ Petitions are disposed of with the following directions:-
6-wp4784.2022 (i) The District Superintendent of Land Records, Jalgaon, shall instruct his subordinate surveyors to carry out a joint measurement of the lands in question.
(ii) The petitioners and the respondent - P.W.D. shall equally bear the expenditure of the joint measurement. (iii) The measurement shall be carried out within a period of two months from the date of receipt of a copy of this order, in the presence of the petitioners or their representatives and the Officers of the respondent - P.W.D.
(iv) The Surveyors are expected to report about the width of the road in existence as on the date of the measurement. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP