Bombay High CourtWP/6169/2015dispossed offdismiss for default

Shri. Nathuji Bakshi Karambhe And Others v. The State Of Maharashtra, Thr. Its. Secretary, Rural Development Dept., Mantralaya, Mumbai

2015-12-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Writ Petition No. 6169 of 2015 (Shri Nathuji Bakshi Karambhe Vs. The State of Mah. through its Secretary, Rural Development Dept. and ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri Vishal Anand, Advocate for the petitioner Shri A. V. Palshikar, AGP for the respondent nos. 1, 2 & 5 CORAM : Smt. Vasanti A. Naik and Prasanna B. Varale, JJ.

DATE : 4-12-2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent nos. 3 and 4 to construct the concrete road from main road to the residence of the petitioner situated in Belghata Ward, Paoni, District Bhandara. The petitioner has sought the direction on the basis of the resolution of the respondent no. 4.

Shri Palshikar, the learned Assistant Government Pleader states that a writ petition was filed by the petitioner for the same relief on the same set of facts. It is stated that Writ Petition No. 2142/2014 was filed by the petitioner seeking the aforesaid relief on the ground that the Municipal Council, Paoni had passed a resolution for construction of the road. It is stated that this Court disposed of the writ petition with liberty to the petitioner to convince the owners of the land for .....2/-

2 wp6169.15.odt construction of approachable road through the social workers and the authorities. It is stated that the petitioner has again approached the Court for the same relief.

In the circumstances of the case, we are not inclined to issue the directions to the respondents as prayed. The petitioner had filed the writ petition on almost similar set of facts and this Court had disposed of the same with a direction to the petitioner to try and convince the neighbours and the social workers and authorities for construction of the road. The petitioner is free to take steps as per the observations in the order dated 10-12-2014. A specific direction cannot be issued in the circumstances of the case to the respondents to construct the road till the house of the petitioner. We dispose of the writ petition with no order as to costs.

JUDGE JUDGE wasnik ...../-