Mahadev Baburao Pednekar And ORS v. The State Of Maharashtra Thr. Principal Secretary Public Works Department Kolhapur And ORS

6-PIL-17-2024.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 17 OF 2024 Mahadev Baburao Pednekar & Ors.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Chetan Patil a/w Mr. Bhushan Jadhav i/by Mr. Mandar Bagkar for petitioners.

Mrs. Neha S. Bhide, Govt. Pleader with Mr. O. A. Chandurkar and Mrs. G. R. Raghuwanshi, AGP for respondent nos.1 to 3.

by PRAVIN DASHARATH PANDIT Date:

2025.04.16 19:02:56 +0530

CORAM:

ALOK ARADHE, CJ. & M. S. KARNIK, J.

PRAVIN DASHARATH PANDIT DATE:

16th APRIL, 2025 P.C.:

1.

Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, heard finally. 2.

The petitioners claim themselves to be public spirited individuals and are residents of villages in the vicinity of Ved Ganga River. The petitioners, in this writ petition, seek a direction to the respondents to take remedial measures with regard to the bridge which has been constructed on Ved Ganga River. The petitioners further seek a direction to the respondents to take all remedial actions so that water of Ved Ganga River does not enter agricultural fields or villages situated at the banks of Ved Ganga River. According to the petitioners, a bridge over Ved Ganga River has been constructed in the year 2021. In the opinion of the

6-PIL-17-2024.doc petitioners, who are agriculturists, the design of the bridge is faulty, which is adversely affecting the agricultural fields and villages in and around Ved Ganga River. In support of the aforesaid submissions, the petitioners have annexed the report prepared by one Jotiram Gopalrao Suraywanshi Patil, who is Ex-Government Civil Engineer.

3.

Learned counsel for the petitioners submitted that the Executive Engineer, Public Works Department be directed to consider the aforesaid report submitted by Jotiram Gopalrao Suraywanshi Patil and take an appropriate decision. 4.

On the other hand, learned Government Pleader, submits that suitable decision on the aforesaid report, if required, shall be taken.

5.

In view of the aforesaid submissions and in the facts of the case no useful purpose would be served by keeping the PIL pending. We, therefore, deem it appropriate to dispose of the PIL with the liberty to the petitioners to bring the said report prepared by Jotiram Gopalrao Suraywanshi Patil to the notice of the Executive Engineer, Public Works Department. Needless to state that the Executive Engineer shall take an appropriate action on the aforesaid report as well as the observations made by this Court in the order dated 9th October, 2024.

6.

It is made clear that this Court has not expressed any opinion on merits of the matter.

7.

Accordingly, the PIL is disposed of.

(M. S. KARNIK, J.) (CHIEF JUSTICE)