Kishor Vishnu Rane And ANR v. State Of Maharashtra Thr Secretary Urban Developemt And ORS

30-WP-4281-2025.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4281 OF 2025 Kishor Vishnu Rane and another ] Petitioners Vs.

State of Maharashtra and others ] Respondents .....

Mr. Sumedh S. Modak i/b Mr. Vijay Killedar, for Petitioners. Ms. Priyanka B. Chavan, A.G.P, for Respondent - State. .....

CORAM : G.S. KULKARNI & ARIF S. DOCTOR, J.J.

DATE : 12th JUNE, 2025.

P.C:

1.

Heard Mr. Modak, learned Counsel for the Petitioners. 2.

The grievance of the petitioners is that there are several complaints made to respondent No.2 which is the Planning Authority in regard to unauthorized structure constructed by respondents No.3 and 4. The complaints are dated 19th September, 2024, 23rd September, 2024, 25th September, 2024, 15th October, 2024, 13th November, 2024, 20th December, 2024, 20th January, 2025, 30th January, 2025 and 12th February, 2025. Despite these repeated complaints, no action was being resorted. However, it appears that subsequent thereto, initially on 20th September, 2024 and thereafter on 12th SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.06.13 19:05:32 +0530

30-WP-4281-2025.odt February, 2025, the Chief Executive Officer has issued a notice to respondents No.3 and 4 calling upon them to show cause as to why the construction which is illegally being carried out be not stopped. However, grievance of the petitioners is that although such notices are issued, no action whatsoever is taken.

3.

In this view of the matter, as the Chief Executive Officer is already seized with the proceedings, we are of the opinion that the Chief Executive Officer is required to take the notices dated 20th September, 2024 and 12th February, 2025 issued to respondents No.3 and 4 to the logical conclusion and in accordance with law. We accordingly direct the Chief Executive Officer to hear the petitioners and respondents No.3 and 4 on such notices and take a decision in that regard as expeditiously as possible and, in any event, within a period of four weeks from the date of this order being presented before the Chief Executive Officer.

4.

All contentions of the parties in that regard are expressly kept open. 5.

The petition stands disposed of in the aforesaid terms. No costs. [ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.]