Bombay High CourtWP/1434/2025transfer to other court

Balasaheb Shankar Katkar v. District Collector And District Magistrate Satara And ORS

2025-02-03Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Shri Arif S. Doctor2 pages

ssm 57-wp1434.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1434 OF 2025 Balasaheb Shankar Katkar .....Petitioner.

Vs.

District Collector And District Magistrate, Satara & Ors.

.....Respondents _____________________________________________ Mr. Nitesh Acharya a/w Mr. Akash S. Bhogil and Adv. Mohan Chavan for the Petitioner.

Adv. Ms. Komal Kandharkar a/w Adv. Mr. Amol Andhale for the Respondent No.13.

Ms. Rupali Shinde AGP, for the Respondent Nos.1, 2, 5 to 8, 10 and 15State. ___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 3rd FEBRUARY, 2025.

P.C.:- 1) The Petitioner's grievance is that, the Respondent Nos.13 and 14 have illegally constructed a Bungalow on land reserved for construction of percolation lake. Besides, the construction is carried out without permission from the Competent Authority.

2) Although the Sub-Divisional Officer, Minor Irrigation Department, Khatav (Waduj) informed the Sarpanch, Grampanchayat Manewadi-Kukudwad, Taluka Man, District Satara vide its letter dated 22nd August, 2024 to take necessary action against the said construction, no 1/2

ssm 57-wp1434.2025.doc steps are adopted till today by the said Authority. 3) Since the inaction by the concerned Authority has protected illegality, we therefore direct the Respondent No.1 to file its detailed reply to the Petition.

4) We further clarify that, the Respondent No.1 shall not delegate his/her powers to any sub-ordinate Officer while filing the reply. The said reply be filed within a period of two weeks from today. 5) Stand over to 24th February, 2025.

6) Learned Advocate for the Respondent No.13 on instructions submitted that, till the decision of the Petition, the situation at the suit site will be maintained as per the photographs dated 24th January, 2025, which are produced on record by the Petitioner.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2025.02.06 17:02:43 +0530 SANJIV SHARNAPPA MASHALKAR 2/2