Sanjay S/O Gulabchand Gupta v. Superintendent Engineer, National Highway Division, Public Works Dept., Nagpur And ANR

2025:BHC-NAG:4779-DB 1 wp2081.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2081/2025 Sanjay s/o Gulabchand Gupta Vs. Superintending Engineer, National Highway Division, Public Works Department, Nagpur and another Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. A.P.Kalmegh, Advocate for the petitioner. Mr. N.S.Rao, A.G.P. for the respondents/Sate. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : MAY 5, 2025.

1.

Heard.

2.

Leave to add the State of Maharashtra through its Additional Chief Secretary, Department of Public Works, Mantralaya, Mumbai as party-respondent No.3 is granted.

3.

Issue notice to the respondent no.3.

4.

Mr. N.S. Rao, learned Assistant Government Pleader waives service of notice on behalf of the newly added respondent No.3-State of Maharashtra. 5.

Amendment to be carried out forthwith.

6.

Place the matter at 2.30 p.m. on 5th May, 2025. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Later on 7.

The Superintending Engineer is physically present in the Court, who has sworn an affidavit. He states that the entire grievance of the petitioner can be redressed by removing the extra construction carried out by said respondent and other wings of State P.W.D. on the plot which is owned by the petitioner. It is stated that the same shall be removed within a period of four weeks from

2 wp2081.25.odt today. It is also assured that not only removal of construction by the respondent P.W.D. will be carried out but the restoration of area shall also be done. Since the Superintending Engineer is physically present in the Court and has made above categorical statement through learned A.G.P. same is accepted as an undertaking to this Court.

8.

The petition is accordingly disposed of based on the aforesaid statement. No costs.

9.

Compliance report be placed on record within a period of eight weeks from today.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Mukund Ambulkar/Tambaskar.