Prakash Ramu Dandage And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8113 OF 2022 PRAKASH RAMU DANDAGE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.Shaikh M.A.Jahagirdar, Advocate for the petitioners. Mr.A.R.Kale, AGP for the respondent/State.

( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : AUGUST 5, 2022 PER COURT :

1.

Leave to add respondent No.7. Addition be carried out forthwith. 2.

The petitioners have put forth prayer clause 'B' as under :- "B. To issue directions the respondent authorities to initiate the proceeding under the provisions of Section 189 of the Maharashtra Municipal Council Act and under the provision of Section 44, 45, 52 to 59 of Maharashtra Regional and Town Planning Act against the illegal construction as stated in "Exhibit-A" of the petition, by issuing writ of mandamus or any other writ of like nature."

3.

Having heard the learned Advocate for the petitioners and the khs/August 2022/8113

- 2 - learned AGP, it is obvious that the C.O. Shrirampur has to comply with the directions of the Joint Commissioner, Municipal Administration, Office of the District Collector, Ahmednagar dated 08.03.2022 and submit a compliance report to the latter. As such, if no compliance report is submitted, the Joint Commissioner can initiate action. 4.

In view of the above, this petition is disposed off. 5.

We expect respondent No.7 to ensure that respondent No.6 / C.O. Shrirampur shall complete the exercise as is expected in the light of the communication dated 08.03.2022. Let such exercise be concluded by 15.11.2022.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J.) khs/August 2022/8113