Ravindra Tulsidas Sonawane And Others v. The State Of Maharashtra Through Secretary And Others

( 1 ) 74 wp 2549.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 WRIT PETITION NO.2549 OF 2023 RAVINDRA TULSIDAS SONAWANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mrs. Kulkarni Rashmi S. AGP for Respondents/State : Mr. S.W. Munde ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 14th June, 2023 P.C. :- 1.

The Petitioners seek a direction to the Jalgaon Municipal Corporation to implement the order dated 31.03.2021 passed by the Respondent No.3-Deputy Director, Town Planning Authority, Jalgaon Municipal Corporation.

2.

Considering the view expressed by the Hon'

ble Supreme Court in several orders, we would not be indulging in entertaining petitions which have a semblance of execution proceedings or praying for a writ of Mandamus to the authorities to implement their own orders. 3.

The Petitioners have already tendered a representation to the Commissioner of the Municipal Corporation dated 29.09.2022. Inaction is

( 2 ) 74 wp 2549.23 alleged against the Corporation. So also, since it is an order which stands to the benefit of the Petitioners, they do not have a specific statutory remedy to seek execution of the said order.

4.

In view of the above peculiar circumstances, this petition is disposed off with a direction to the Respondent No.2-Municipal Commissioner to consider the representation of the Petitioners dated 29.09.2022 and to ensure that his subordinates, who are bound by the orders passed or who have to implement the orders, are directed to do the needful. We would not appreciate if this exercise is not done expeditiously and hence we observe that the same be done within a period of 90 days.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub