Madhav Pandurang Ahire v. Rajkumar Pawar And ORS.

apn 31-aswp-3984-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3984 OF 2024 Madhav Pandurang Ahire ... Petitioner.

V/s.

Rajkumar Pawar & Ors.

... Respondents.

Mr. Raju M. Yamgar for the Petitioner.

Ms. M.P. Thakur, A.G.P., for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 11th November 2024.

P.C.:- 1) By the impugned notice dated 28th December, 2020 the Petitioner has been directed to remove alleged unauthorized structure erected by him and more specifically mentioned in Schedule-B of the said Digitally signed by ASHWINI GAJAKOSH Date:

2024.11.19 11:17:50 +0530 notice (page no. 63 of the Petition).

ASHWINI GAJAKOSH 2) Petitioner therefore is having remedy of either removal of alleged unauthorized structure or to establish the fact that Petitioner is having all the necessary and requisite sanctions from the concerned authority for constructing the said structure before the concerned Authority. Without availing the said alternate remedy, Petitioner has directly approach this Court under Article 226 of the Constitution of India. 3) In view of the above, we see no reason to entertain the Petition. Petition is accordingly disposed off. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 1/1