Yashwant Anna Bhoir v. State Of Maharashtra Through Its Principal Secretary And ORS.

1.WP7404_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7404 OF 2024 Yashwant Anna Bhoir ... Petitioner Vs.

The State of Maharashtra, through Principal Secretary & Ors. ... Respondents _______ Mr. Avinash Fatangare i/b. Ms. Archana S. Shelar for the petitioner. Ms. M.P. Thakur, AGP for the State/respondent nos. 1 to 3. Mr. Dinesh Adsule a/w. Mr. Chinmay V. Bhole for respondent no. 4. Mr. Sumedh S. Modak i/b. Mr. Vijay Killedar for respondent no. 5. _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATED:

23 SEPTEMBER, 2025 P.C.

1.

Considering the orders which we have passed on the present proceeding on 14 August, 2025, the proceedings are listed before us. However, we find that none of the directions as issued by the Court, more particularly paragraph nos. 4, 5, 6 and 7 of our order dated 14 August, 2025, have been complied either by the Chief Officer of the Municipal Council or by the private respondent in undertaking the work as specifically directed. Insofar as these compliances are concerned, we direct the Chief Officer as also respondent no. 5 to place on record the compliance affidavit on or before the adjourned date of hearing.

2.

We are really surprised that although a time of more than one month was granted, i.e., from the date of the said order, there is no seriousness shown either by the Chief Officer of the Kulgaon Badlapur Municipal Council nor respondent no. 5 to comply with the orders passed by the Court, this more particularly when the Court has observed in paragraph 6 of the order that any non-compliance will be considered 23 September 2025

1.WP7404_2024.DOC as breach of the order passed by this Court. The approach appears to be too casual. We shall proceed to hear the parties on such specific directions on the adjourned date of hearing and pass appropriate orders if the Court is not satisfied and compliances achieved.

3.

In the event of any non-compliance of the Court's direction, we direct the Chief Officer of the Kulgaon Badlapur Municipal Council to remain present in the Court so that further appropriate orders can be passed. 4.

Compliance affidavit be furnished to the advocate for the petitioners well in advance.

5.

At this stage, we are informed that honararium of the expert as appointed by this Court is not deposited by respondent no. 5. Let the same be deposited by tomorrow, i.e., 24 September, 2025. All the amounts be released by the Registry of this Court to the expert.

6.

Stand over to 7 October, 2025 at 2.45 p.m. for compliance. ( ARIF S. DOCTOR, J.) (G. S. KULKARNI , J.) 23 September 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 24/09/2025 10:54:21