Kakasaheb Dada Bodkhe And Others v. The State Of Maharashtra Thr Its Secretary And Others

2025:BHC-AUG:14787 5219.2024WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

933 WRIT PETITION NO. 5219 OF 2024 KAKASAHEB DADA BODKHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Swapnil S. Patunkar for J.P. Legal Associates AGP for Respondent/State : Mr. N.D. Raje Advocate for Respondent nos.5 and 7 : Mr. Awez S. Shaikh Advocate for Respondent nos.4 and 8 : Mr. Amol N. Kakade ...

WITH CIVIL APPLICATION NO. 1106 OF 2025 IN WP/5219/2024 WITH CIVIL APPLICATION NO. 2697 OF 2025 IN WP/5219/2024 ...

CORAM :

ROHIT W. JOSHI, J.

DATED : 12th June, 2025 PER COURT :

1.

The parties agree that the matter can be remanded back to the learned Mamlatdar for adjudication of the controversy a fresh. 2.

However, the learned counsel for the petitioners states that while remanding the matter, the learned Sub-Divisional Officer has granted new road. It is undisputed that the road granted by the order passed by the learned Sub-Divisional Officer is not being used as on date.

3.

In view of the above, the matter is remitted back to the learned Mamlatdar for adjudication of the matter a fresh in accordance

5219.2024WP.odt with law. The parties to maintain status-quo with respect to clause (4) of the operative order dated 21.05.2024 passed by the learned SubDivisional Officer till adjudication of the controversy by the learned Mamlatdar.

4.

The learned Mamlatdar to decide the matter on or before 31st December, 2025. The parties shall appear before the learned Mamlatdar on 30th June, 2025. Separate notice for appearance will not be issued in the matter.

5.

All questions are kept open.

6.

The petition is disposed of accordingly.

7.

The civil applications, if any, stand disposed of. [ROHIT W. JOSHI] JUDGE sga/