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Bombay High CourtWP/6147/2024rule absolute

Ratnakar Sheshrao Gawande And Others v. The State Of Maharashtra, Thr. Secretary, Ministry Of Public Works Dept., Mumbai And ORS

2025-06-23Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Pravin S. Patil2 pages

44-wp-6147-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6147 OF 2024 Ratnakar Sheshrao Gawande and others

Versus

The State of Maharashtra through its Secretary, Ministry of Public Works Department, Mantralaya, Mumbai-32 and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.R.Agrawal, Advocate for the petitioners. Shri M.K.Pathan, AGP for the respondent/State. CORAM : SMT. M.S.JAWALKAR & PRAVIN S. PATIL, JJ.

DATED : 23rd JUNE, 2025.

In the present matter, the respondent no.4 filed affidavit dated 6th May, 2025. In his affidavit, it is stated that respondent no.3 on 6th May, 2019 informed the answering respondent no.4 that there is a difference in the names of joint measurement report and the 7/12 extract and also in the order and therefore further action is not possible. However, he further stated that on 17th January, 2020 again communication was issued by the respondent no.2 and informed that SKNair

44-wp-6147-24.odt the land acquisition case No.15/14/2010-11 Mouje Aampend, Tq. Warud, District Amravati which was initiated for the construction of Sawangi to Aampend Road has been lapsed in view of non-deposit of the amount after declaration of the draft of award. Contrary to this, he further submitted that the road between Sawangi Aampend is under control and governance of Zilla Parishad, Amravati and hence the petition filed by the petitioner is being devoid of merit. As such from the affidavit of the respondent no.4, the factual aspect is not clear. 2.

In the circumstances, the respondent no.4 is directed to file detailed and clear affidavit on record clarifying the factual aspect and particularly on the issues raised in the petition and also made available the necessary documents on record to substantiate his submission. 3.

List the matter on 9th July, 2025.

[PRAVIN S. PATIL, J.] [SMT. M.S.JAWALKAR, J.] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 24/06/2025 17:41:39 SKNair