Babasaheb S/O Karbhari Sangale v. The State Of Maharashtra Through Its Secretary Rural Development And Water Conservation Department

18-cp.275.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.275 OF 2023 IN WRIT PETITION NO.5272 OF 2022 Babasaheb s/o. Karbhari Sangale

Versus

The State of Maharashtra and ors.

---- Mr.S.N.Lute, Advocate for petitioner Mr.A.R.Kale, APP for respondent no.1 ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : AUGUST 25, 2023 ORDER :- Learned AGP informed that the State does not require the petitioner's land.

2.

The petitioner himself relies on the panchnama dated 08.05.2023 suggesting that the petitioner is in possession of the land. He even admits the same before this Court right now. According to learned counsel for the petitioner, the State had, initially, commenced the work of construction of a percolation tank. Leveling of the land was made. Some soil was excavated from the land. As such, the State has spent a lot and now, it proposes to abandon the project. According to him, the petitioner is entitled for rental compensation.

18-cp.275.2023 3.

In our view, the petitioner may avail an independent remedy, if he has suffered any loss by the activities of the State authorities. With these observations, the Contempt Petition stands disposed of.

[SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP