The State Of Maharashtra And Others v. Ramesh Laxmanrao Gaikwad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.11126 OF 2019 IN PIL/78/2019 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

RAMESH LAXMANRAO GAIKWAD ...

AGP for Applicants : Mr. S.P. Sonpawle Advocate for petitioner in PIL : Mr.S.P. Salgar ...

CORAM : PRASANNA B. VARALE AND AVINASH G.GHAROTE, JJ.

DATED : 13th SEPTEMBER, 2019.

ORAL ORDER :

Heard Mr. Sonpawale, learned AGP for the applicants.

2.

It is stated in the application that applicants would require sometime, for receiving instructions from the CIDCO Authority and the opinion from the Law and Judiciary Department, as well as the Higher Authorities, extension of three months period be granted from 2.7.2019 for implementation of the order passed by this Court in Public Interest Litigation No. 78 of 2019.

ca11126.19 3.

We are unable to extend the period by three months. In our order dated 2.7.2019, it is specifically observed that the exercise for seeking assistance from the Local Authority, like the CIDCO be undertaken by respondent No. 2, the District Collector (Stamp) Aurangabad, within the stipulated period as directed by this Court and it also observed by this Court that respondent No. 2 the District Collector (Stamp), may exercise its appropriate powers in case he is of the opinion to take instructions of prevented activities, in such case one fails to understand that why the applicant the Collector (Stamp,) needs some guidance from other authorities to apprise him about his own powers. The applicant the Collector (Stamp), Aurangabad can certainly exercise his powers so as to take the order of this Court dated 2.7.2019, to its logical end without waiting for the guidance from some other authorities. Be that as it may the learned AGP appeared before this Court that the applicants would

ca11126.19 take all the necessary steps and prayed for extension of period.

4.

At the request of learned AGP the period is extended by one month only. Thus, the application is partly allowed and disposed of accordingly.

5.

Authenticated copy of this order be supplied to the learned AGP.

(AVINASH G. GHAROTE) (PRASANNA B. VARALE) JUDGE JUDGE mahajansb/