Sunil Gokarna Dubey And ORS v. The State Of Maharashtra And ORS

1 57.wp-13201.24.docx PPN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13201 OF 2024 Sunil Gokarna Dubey & Ors.

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Petitioners

Versus

The State of Maharashtra & Ors.

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Respondents ______________________________________________________ Mr. Bhushan Walimbe a/w Mr. Mayank Tripathi for the petitioner. Ms. M. S. Bane, AGP for the respondent-State Mr. G. T. Kanchanpurkar for respondent no.5.

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CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

20 March 2025 PC :- 1.

Heard learned counsel for the parties.

2.

Issue notices to the respondent nos.6 and 7 because despite private notices, they have not bothered to appear in this Court.

3.

Mr. Kanchanpurkar, learned counsel for the 5th respondent seeks some time to file an affidavit-in-reply. 4.

Affidavit-in-reply would be filed and served by 4 April 2025 without seeking any extension of time.

5.

In addition to usual mode of service, private service is permitted to serve respondent nos.6 and 7 and affidavit of service must be filed in this Court.

6.

We direct Mr. Sunil Mali, respondent no.4 to file affidavit in this matter by 4 April 2025. Affidavit must explain the circumstances in which and the authority under which the

2 57.wp-13201.24.docx amounts in respect of the compensation towards fell trees was disbursed to respondent nos.5, 6 and 7.

7.

Learned counsel for the petitioners states that a dispute was already raised regards apportionment of this compensation and in respect of the lands. The respondent no.3 has already deposited the compensation before the District Court and referred the dispute for its determination. 8.

If respondent nos.6 and 7 wish to file reply, they may do so by 4 April 2025.

9.

List the matter on 17 April 2025 at 2.30 p.m. for final disposal at admission stage.

Jitendra Jain, J) (M.S. Sonak, J)