Ratan Bhausaheb Kanade And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:28638-DB 13264.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 13264 OF 2024 1.

RATAN BHAUSAHEB KANADE 2.

SACHIN RATAN KANADE

VERSUS

1.

THE STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPT., MUMBAI 2.

THE ADMINISTRATIVE OFFICER, MUNICIPAL CORPORATION, AHMEDNAGAR 3.

THE TOWN PLANNING OFFICER, MUNICIPAL CORPORATION, AHMEDNAGAR 4.

MILIND NAMDEO KANADE 5.

CHETAN NAMDEO KANADE ....

Mr R. G. Hange and Mr A. R. Hange, Advocate for petitioners Ms N. B. Kamble, A.G.P. for respondent No.1 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 5th December, 2024 PER COURT:

1.

Heard.

2.

The Petitioners are alleging that respondent Nos.4 and 5 are undertaking illegal and unauthorized construction on their own property. The petitioners being adjoining property owners, they

13264.24wp (2) are soliciting writ of mandamus for removal of the construction and soliciting direction to the respondent/Municipal Authorities to invoke the powers under the provisions of the Maharashtra Municipal Corporations Act, 1949 and the Maharashtra Regional and Town Planning Act, 1966.

3.

This writ petition is disposed of with liberty to the petitioners to resort to the appropriate remedies including of approaching the Civil Court.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk