Mr. Dharmaraj Balbhim Malgonde And ORS. v. Government Of Maharashtra Through The Secretary (Road) P.W.D. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7000 of 2015 Mr.Dharmaraj Balbhim Malgonde & ors.

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Petitioners V/s.

Government of Maharashtra & ors.

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Respondents Mr. Prabhakar Jagdale for the petitioners.

Mr. Rajan Pawar, AGP for the State.

CORAM :

NARESH H. PATIL, C.J.

& M.S.KARNIK, J.

22nd November, 2018.

P.C.

The petitioner's grievance is that his land is surveyed for constructing a national highway. Petitioner apprehends that National Highway would be constructed through Gaothan area. It is alleged that the petitioners' land is surveyed at the behest of political opponent. The petitioner has filed a representation to the Collector in

2/2 5wp7000.15.doc this regard in the year 2015 itself. The Counsel for the petitioner submits that so far there is no notification issued neither any proceedings initiated for construction of National Highway. 2.

In this view of the matter, we may observe that petitioner is entitled to file a comprehensive representation to the concerned authority of National Highway and/or Collector in this regard, in case of subsisting cause of action. On receipt of such representation, the authorities would look into the same. In case petitioner is aggrieved by any adverse decision, the petitioner is at liberty to resort to appropriate alternate remedy.

3.

With the aforesaid observations, Writ Petition stands disposed of. Learned AGP to communicate the order.

M.S.KARNIK, J CHIEF JUSTICE L.S. Panjwani, P.S.