Varad Developers Thr Its Partner And Another v. Dilip Ashok Desai And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 11556 OF 2025 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.10.10 19:07:35 +0530 Varad Developers ... Petitioner UDAY SHIVAJI JAGTAP

Versus

Dilip Ashok Desai & Ors.

... Respondents .............

Mr. K.K. Sasavade a/w Mr. Rajvardhan Sasvade, Mr. Amol Thorat and Mr. Satyajit S. Patil for the Petitioner.

Mr. Suryajeet Chavan a/w Ajinkya Walekar for the respondent no.1. Mr. A.A. Naik, AGP for the respondent - State. .............

Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : October 09, 2025.

P. C. :

1.

Heard learned counsel for the petitioner, learned AGP and Mr. Chavan for the respondent no.1.

2.

Mr. Chavan submits that the present petition is pre-mature, as what is under challenge is not the Notice for demolition, but it is a show-cause for demolition in view of the order passed by the Additional Revenue Commissioner, Pune dismissing the Appeal/Revision filed by the petitioners. The alleged encroachments/unauthorized constructions 1 of

made by the petitioner is sought to be demolished by the impugned order. The show-cause notice which is challenged in this petition is a result of implementation of the orders passed by the Collector, Kolhapur and the Additional revenue Commissioner, Pune. 3.

We are informed that the appeal / revision is listed before the Hon'ble Revenue Minister on 15th October 2025. We find that the apprehension expressed by the petitioner cannot be brushed aside lightly in view of the show-cause notice of demolition. However, these are prima facie observations and we say so because the application for stay before the Revenue Minister is yet to be heard on mertis. 4.

We request the Hon'ble Minister to decide the application for stay within a period of 4 weeks from 15th October 2025. The petitioner as well as respondent no.1 state that they will co-operate with the Revenue Minister and will not ask for any unnecessary adjournments. Accordingly, for the period of 4 weeks from 15th October 2025, the show-cause notice of demolition which is impugned in this petition not to be implemented. 5.

In view of the above, the petition is disposed of. All contentions of 2 of

the parties are kept open.

6.

It is made clear that the application for stay shall be decided on its own merits and the Hon'ble Revenue Minister shall not be influenced by the grant of this limited interim protection. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ] 3 of