Eknath Dhondiba Tambe And Others v. The State Of Maharashtra And Another

1 33WP1431.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO. 1431 OF 2026 Eknath Dhondiba Tambe And Others

VERSUS

The State Of Maharashtra And Another ...

Mr. A. B. Girase - GP for the State ...

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATED : 09TH FEBRUARY, 2026 PER COURT : - 1.

The learned Advocate for the Petitioners is absent. 2.

The Petition has been filed for the following relief. "B.

By issuing an appropriate Writ, Order or direction, the respondent no. 1 and 2 may be directed that, they should not carry out construction road from the land of petitioners situated at village Kapuswadi, Tq. Paithan, District Aurangabad unless and until due procedure of law is followed i.e. the lands is legally acquired and compensation is paid as per law to the petitioners."

3.

Except 7/12 extract and the Representation dated 18.01.2006 and the communication 01.09.2024, there is no document on record indicating that the lands or any part of the lands belonging to the Petitioners are affected by the construction of the proposed road. The Petitioners are directed to place such documents on record in the normal course. We would not have even granted this opportunity, as it

2 33WP1431.2026.odt is, in fact, the duty of the Advocate to take proper instructions and annex all documents to support the rights which the Petitioners intend to claim. However, the Petitioners should not suffer because of the inaction on the part of the Advocate and, therefore, we are giving this opportunity.

4.

Such documents, along with an additional affidavit, shall be filed within a period of four (4) weeks from today. This period shall not be extended on any count. If the documents along with the affidavit are filed within the stipulated time, list the matter for further consideration on 24 th March, 2026 . In the event of failure on the part of the Petitioners to abide by the aforesaid directions, the Petition would stand dismissed without further reference to the Court.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 13/02/2026 17:07:14