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Bombay High CourtWP/9115/2021disposed off

Uttam Venkatrao Kahalekar v. The State Of Maharashtra And Others

2021-08-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 Writ Petition No.9111 of 2021 Govind Ramji Kahalekar .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents AND 919 Writ Petition No.9113 of 2021 Smita Madhavrao Kahalekar .. Petitioner

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The State of Maharashtra and Others .. Respondents ...

AND 921 Writ Petition No.9115 of 2021 Uttam Venkatrao Kahalekar .. Petitioner

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The State of Maharashtra and Others .. Respondents ...

AND 931 Writ Petition No.9125 Of 2021 Mallyabai Pandurang Potewad .. Petitioner

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The State of Maharashtra and Others .. Respondents ...

AND 946 WRIT PETITION NO.9140 OF 2021 Balaji Vithal Kahalekar .. Petitioner

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The State of Maharashtra and Others .. Respondents

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950 WRIT PETITION NO.9144 OF 2021 Mallu Datta Potewad .. Petitioner

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The State of Maharashtra and Others .. Respondents ...

Mr Vikram S. Kadam, Advocate for the Petitioners in all the matters Mr A.R. Kale, AGP for the Respondents - State in WP Nos.9111 of 2021, 9113 of 2021, 9125 of 2021, 9144 of 2021 Mr P.K. Lakhotiya, AGP for the Respondents - State in WP No.9115 of 2021 Mr S.K. Tambe, AGP for the Respondents - State in WP No.9140 of 2021 CORAM : S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 21-08-2021 PER COURT : - 1.

Prima facie the writ petitions would not be maintainable. The petitioners have already resorted to the remedy before the Civil Court. The civil suits filed by the petitioners seeking injunction are pending. It is submitted that, in the said civil suits, joint measurement was also directed. The report is also filed in the said civil suits. It is for the petitioners to proceed further and get decided as to the actual area which has been affected in the road widening. It is the Civil Court which can come to that conclusion, more precisely, as the said report will have to be proved before it.

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After the actual alleged area is culled out of being affected, then the petitioners can pray for further directions in the matter. 3.

With this clarification, the Writ Petitions are disposed of. No costs.

[ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE