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Bombay High CourtCAO/1320/2018admittedallwdgrantedrule absolute

Chandrabhan Singh S/O Ramkripal Singh Rathore And Others v. K.C.C. Buildcon Private Limited, Nagpur

2018-07-31Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1320.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1320/2018 IN PUBLIC INTEREST LITIGATION NO.2/2018 Chandrabhan Singh Rathod and others ..Vs..

Union of India and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C. Sharma, Advocate for petitioners.

Shri M.K. Pathan, A.G.P. for respondent Nos.2 and 4. Shri A.M. Ghare, Advocate with Shri A.A. Kathane, Advocate for respondent No.3. Shri M.I. Dhatrak, Advocate for respondent No.5. Shri S.G. Karmarkar, Advocate for respondent No.6. CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ. DATED : 31.7.2018.

1.

Accepting the submission made on oath, respondent No.3 is permitted to undertake work of putting paver blocks on the trench between two roads as a safety measure and to prevent inconvenience to the public at large.

2.

Learned Advocate appearing for respondent No.3 has pointed out the further request made by respondent No.3 to permit it to undertake appropriate work for filling up the trench (gap between two lanes) which is shown in the second picture on page 18 of this application. It is submitted that the respondent No.3 proposes to fill up the trench with cement concrete mixture so that the public at large is not put to inconvenience and risk. Considering the facts as brought on record and accepting the submission made on behalf of respondent No.3, permission as sought to fill up the

2 cao1320.18 trench, is granted.

3.

It is clarified that except for undertaking this work, the interim order passed on 18th July, 2018 continues.

4.

List the matter for further consideration on 7th August, 2018.

JUDGE JUDGE Tambaskar.