Satwashil Khanderao Naik Nimbalkar v. The State Of Maharashtra Thr. Its Principal Secretary Urban Development Department And ORS

54-WP-9044-2024.DOCX Darshan Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9044 OF 2024 Satwashil Khanderao Naik Nimbalkar

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr Krishna Agrawal, a/w Mr Rahul D Salve, for the Petitioner. Ms Rupali Shinde, for Respondents No.1 to 4 & 6/State. Mr Kishore Patil, a/w Mr Dilip Shinde, Mr Mukund Mane for Respondent No.7.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

03rd July 2024 PC:- 1.

Learned counsel for the 7th respondent has filed a reply, and today he furnished a copy of such reply upon the learned counsel for the petitioner.

2.

Issue notices to the respondents, returnable on 24 July 2024. 3.

In addition to the usual mode of service, private service/hamdast is allowed.

03rd July 2024

54-WP-9044-2024.DOCX 4.

Learned AGP for the State appears and waives service of notice on behalf of respondents No. 1 to 4 and 6. Learned counsel for respondent No.7 appears and waives service of notice. 5.

Any construction by the 7th respondent or his contractor would be subject to further orders in this petition. No equities can be claimed.

6.

If any of the other respondents wish to file a reply they should do so on or before 18 July 2024.

7.

In particular, the State should file the affidavit explaining under which provisions communication dated 30 May 2022 was made having the effect of declaring entry concerning open space was only a drafting error.

(Kamal Khata, J) (M.S. Sonak, J) Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 04/07/2024 16:51:41 03rd July 2024