Vikas Education Society, Chopadi And ANR v. The Grampanchayat Chopadi Tal Sangola Dist. Solapur Thr Sarpancha And ORS

15. WP 383-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.383 OF 2025 Vikas Education Society, Chopadi Taluka Snagola, Dist. Solapur & Anr.

... Petitioners

Versus

The Grampanchayat Chopadi, Tal. Sangola, District Solapur through Sarpancha & Ors.

...Respondents

__________ Mr. Abaji R. Rayani a/w Mr. Khateeb Vakeel for the Petitioners. Mr. Rupesh K. Babade for Respondent Nos.1, 2 and 5. Mr. Kedar B. Dighe, Addl. G.P. for Respondent No.4. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

17 MARCH 2025 P.C.:

1.

Although there are specific directions issued vide our dated 3 March 2025 that Respondent Nos.1 and 2 shall file reply affidavit, a reply affidavit is not filed. Only as a matter of indulgence, we adjourn the proceedings to enable Respondent Nos.1and 2 file reply affidavit. 2.

Prima facie it appears to be quite serious case where the structure of the Petitioners was demolished by Respondent Nos. 1 and 2 in highhanded manner. The contention of the Petitioners is that due process known to law was not followed in resorting to such action making Respondent No.1 and its members liable not only to dispose of the structure but also to compensate the Petitioners. Respondent Nos.1 and 2 Rajesh Chittewan, PS

15. WP 383-2025.doc would be required to take an appropriate stand in the reply affidavit. We, accordingly, adjourn the proceedings on 24 March 2025 (HOB). 3.

Let reply affidavit be served on the Advocate of the Petitioners well in advance.

4.

Learned Advocate for Respondent Nos.1 and 2 shall also take instructions as to whether Respondent Nos.1 and 2 will restore the structure of the Petitioner.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Rajesh Chittewan, PS RAJESH VASANT CHITTEWAN Date: 2025.03.18 16:43:26 +0530 RAJESH VASANT CHITTEWAN