Shankar Shahu Keware - Patil Prop Of Anand Enterprises v. National Highways Authority Of India Throu. Its Chairman And ORS

2025:BHC-AS:33425-DB 915-wp-18104-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18104 OF 2024 Shankar Shahu Keware-Patil .....Petitioner Vs.

National Highways Authority of India & Ors.

.....Respondents Mr. S. B. Talekar with Mr. Amey C. Sawant & Mr. S. M. Sabrad, for the Petitioner.

Ms. Siddhi Kothari (Through VC) with Mr. Adesh Jadhav & Ms. Jyoti Pujari, for the Respondent No.1 & 2-NHAI.

Mr. B. V. Samant, Additional Government Pleader with Smt. P. M. J. Deshpande, AGP for the Respondent No.3-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 1st AUGUST 2025.

P.C.:- 1.

By this Petition, the Petitioner has essentially impugned the communication/letter dated 12th September 2024, which is at Exhibit 'T' at page 153 of the Petition.

2.

Mr. Samant, learned Additional Government Pleader, on instructions, states that the said communication/letter dated 12th September 2024 will be withdrawn by the concerned authority, i.e., Land Acquisition Officer, Baramati Sub-Division, Baramati. He states that the said letter will be withdrawn and the same will be Gaikwad RD 1/2

915-wp-18104-2024.doc communicated to the Petitioner within two weeks from today. Statement accepted.

3.

Mr. Samant, learned Additional Government Pleader, on instructions, further submits that the said letter is sent only to communicate the Petitioner to approach the arbitrator as permissible under the law under Section 3(G)(5) of the National Highways Act, 1955.

4.

Mr.Talekar states that in view of the withdrawal of the letter dated 12th September 2024, the Petitioner will go before the arbitrator. Statement accepted.

5.

In view of the aforesaid, nothing survives for further consideration in the Petition.

6.

The Petition stands disposed of.

7.

Needless to state, that we have not gone into the merits of the relief sought for in the prayer clause (c) and (d) and as such keep all contentions of all parties vis-a-vis the said prayers on merits open. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Gaikwad RD 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 06/08/2025 12:13:47