Shrikrishna Ramchandra Potkule v. State Of Maharashtra Through Secretary To Urban Development And ORS

29-Pil-33-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 33 OF 2024 Shrikrishna Ramchandra Potkule ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents ------ None for the Petitioner.

Mr. A.A. Naik, A.G.P. for the Respondent-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : 27th November 2025.

P. C. :

1.

None for the Petitioner.

2.

On 8th March 2024 this Court had at the request of the learned counsel for the Petitioner adjourned the matter to 13th March 2024. None appears on behalf of the Petitioner when the matter is called out today. 3.

Apart from the other reliefs prayed for, one of the relief is for a direction to the Respondents to decide the representation / letter dated 28th June 2023, annexed at Exh. 'G' of the Petition, issued by the Petitioner to the Respondent No.2-Sangli, Miraj & Kupwad Municipal Corporation. Briefly stated the Petitioner has filed this Petition to evict the illegal osk 1 of

29-Pil-33-2024.doc occupants from using the premises of the Corporation being shops situated in the popular areas in Miraj City namely 350 shops in Laxmi Market, 50 shops in Bapusaheb Jamdar Vyapari Sankul ("C" Type Shopping Centre) and 100 shops in Miraj High School area, which were allotted free of cost and without proper agreements in clear violation on the provisions of the Maharashtra Municipal Corporation Act, 1949.

4.

Sum and substance of the Petition is that the shops have been allotted without floating tender and the shopkeepers / occupants who the Petitioners alleges to be illegal occupants are utilizing the shops belonging to the Municipal Corporation free of cost.

5.

We direct the Commissioner of Sangli, Miraj & Kupwad Municipal Corporation to look into the representation and proceed to take appropriate steps if he find substance in the representation made by the Petitioner. Representation to be taken to its logical conclusion expeditiously. 6.

If the Commissioner finds substance in the representation, we have no manner of doubt that the action will be taken against such unauthorized occupants in accordance with law.

7.

Learned A.G.P. to bring this Order to the notice of Respondent No.2. 8.

Petition is disposed of in above terms.

[ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.11.28 09:35:25 +0530 OMKAR SHIVAHAR KUMBHAKARN osk 2 of