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Bombay High CourtCA/3954/2026disposed off

Pettanna Bashanna Yadav And Others v. The State Of Maharashtra And Others

2026-04-21Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

2026:BHC-AUG:17700-DB *1* 908wp12859o16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12859 OF 2016 WITH CIVIL APPLICATION NO. 3954 OF 2026 IN WP/12859/2016 WITH CIVIL APPLICATION NO. 3955 OF 2026 IN WP/12859/2016 PETTANNA BASHANNA YADAV DIED AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Jayabhar Dattatraya R., Advocate for the petitioners/ Applicants.

Mrs. U.S. Bhosale, AGP for the Respondents/ State. Shri A.R. Vaidya, advocate for respondent No.3. WITH WRIT PETITION NO. 12841 OF 2016 USHA VIJAY TATHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Palodkar Devdatt P., Advocate for the Petitioners. Mrs. U.S. Bhosale, AGP for the Respondents/ State. Shri Bhandari Anand P., advocate for respondent Nos.2 and 3. ...

CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 21 April 2026 P. C. :- 1.

Heard the parties.

2.

The petitions are filed on an apprehension that the

*2* 908wp12859o16 Municipal Corporation may widen the road from present width of 65 feet to 80 feet and for that purpose, the Municipal Corporation may acquire 15 feet land from western side of development road from Pawan Gas Agency till Bhajiwali Chauk in Peer Bazar. This apprehension is based due to marking done considering the width of road as 80 feet.

3.

This Court finds that as on today, no relief can be granted to the petitioners as no steps are taken by the Municipal Corporation to acquire the said land. Whenever the Municipal Corporation would proceed to widen the road and if the land is so acquired, same would be done by following due process in accordance with law and the compensation would be paid accordingly. Equally, if at all there is unauthorized construction found on the present road, the Municipal Corporation would be bound to take action of demolition in accordance with law. 4.

With the above observation, the Writ Petitions are disposed of. The pending Civil Applications stand disposed of. kps (SUSHIL M. GHODESWAR, J.) (KISHORE C. SANT, J.)