Govind Pandurang Mundkar v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:27160-DB 1 47.WP-12369-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12369 OF 2024 GOVIND PANDURANG MUNDKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Uttarwar Pavan P. AGP for Respondents/State : Mr. N.S. Tekale ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 18th NOVEMBER 2024 PER COURT :

.

Issue notice to the respondents. Learned AGP waives service of notice for respondents/State.

2.

By way of impugned communication dated 24.05.2024, the petitioner had specifically informed that the road was not widened affecting his land. Hence the petitioner is not entitled to the compensation. It seems that there are disputed question of facts wherein the land of the petitioner has been encroached or acquired without following due procedure of law, the petitioner has to ascertain how much land is affected and for this purpose, the best remedy is to measure his land.

2 47.WP-12369-2024.doc 3.

In view thereof, we do not entertain this writ petition. The petitioner is at liberty to move an application for measurement of land and to ascertain how much land as alleged by him, is used for widening the road.

4.

The writ petition stands dismissed. No order as to costs. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] Najeeb..