Ganpat Gunaji Bare And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12134 OF 2019 Ganpat s/o Gunaji Bare & another Petitioners

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The State of Maharashtra & others Respondents Mr. R.D. Bhalerao, Advocate for the petitioners. Mr. V.M. Kagne, AGP for respondents No. 1 and 2. WITH WRIT PETITION NO. 12276 OF 2019 Dilip s/o Nathu Deshmukh Petitioner

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The State of Maharashtra & others Respondents Mr. R.D. Bhalerao, Advocate for the petitioners. Mr. V.M. Kagne, AGP for respondents No. 1 and 2. CORAM : S.V.GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 07th October, 2019.

PER COURT :

1.

Learned counsel for the petitioners submits that the petitioners have received notice for removal of encroachment. 2.

It appears that the said notices are pursuant to the order of this Court dated 23.01.2019 passed in Writ Petition No. 5682/2014.

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The grievance of the petitioners is that they are not party to Writ Petition No. 5682/2014.

4.

The order in Writ Petition no. 5682/2014 is passed by the coordinate bench and one of the learned Judge passing the order is available. Judicial propriety demands that the co-ordinate bench should not pass contrary orders. The petitioners have an option to take steps with regard to the said order.

5.

In the light of above, the petitioners are at liberty to take appropriate steps with regard to the order dated 23.01.2017 passed in Writ Petition no. 5682/2014.

6.

With these observations, both the petitions are disposed of. All contentions of petitioners are kept open. (ANIL S. KILOR) (S.V.GANGAPURWALA) JUDGE JUDGE dyb/