Somnath Satyavan Patange And Another v. State Of Maharashtra Through Urban Development Department And Others

2025:BHC-AUG:2582-DB *1* 1nob wp1476a1477o25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1476 OF 2025 SANJAY SHANTARAM SHELAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

AND WRIT PETITION NO.1477 OF 2025 SOMNATH SATYAVAN PATANGE AND AHEMAD SIKANDAR SHAH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Sanket S. Kulkarni and Shri Rahul A. Tambe, Advocates for the petitioners in the respective petitions.

Shri V.M. Kagne, AGP for Respondent Nos.1 to 3/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 30th January, 2025 Per Court :- We have heard the learned advocates for the respective petitioners in both these matters. 2.

After hearing arguments, when we expressed our disinclination to entertain the petitions and in the peculiar facts refused to exercise extraordinary jurisdiction under Article 226

*2* 1nob wp1476a1477o25 of the Constitution of India, the learned advocates make a request, on instructions, that the petitioners may be extended reasonable time to remove structures and take away articles. 3.

It is only in the light of the request being made, we grant leave to withdraw the petitions with further stipulation that no precipitative action shall be initiated for a period of two weeks on the basis of the impugned notices, subject to the petitioners furnishing an undertaking on affidavit before the Registrar (Judicial) of this Court by tomorrow that they will remove obstructions/ constructions in question within two weeks. The petitioners shall submit such affidavit undertaking by tomorrow (31.01.2025) and handover its copy to the concerned Municipal Council.

4.

In the light of the above, the Writ Petitions are disposed of as withdrawn.

5.

Parties to act on an authenticated copy of this order. kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)