Kalyan Gas Services Through D. M. Suchak v. The State Of Maharashtra Thru. Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6979 OF 2025 Kalyan Gas Services, Through Sole Proprietor Mr. D. M. Suchak ...

Petitioner vs.

State of Maharashtra, Through Principal Secy., Urban Development Department and others ...

Respondents WITH INTERIM APPLICATION NO. 12367 OF 2025 WITH INTERIM APPLICATION NO. 9507 OF 2025 IN WRIT PETITION NO. 6979 OF 2025 Mr. Drupad Patil a/w. Mr. Sumit Kothari, i/b. Ms. Aishwarya Shinde for petitioner.

Mr. P. S. Dani, Senior Counsel, a/w. Mr. Sandeep Dilip Shinde for respondent Nos.3 to 5-KDMC.

Mr. Siddhesh Pilankar, i/b. Ms. Gargi Uday Warunjikar for intervenor in IA/9507/2025.

Mr. Himanshu Kode for intervenor in IA/12367/2025. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

12th MARCH, 2026 P.C. :

.

In this petition, the respondents, particularly respondentCorporation is projecting urgency in the matter, in the light of the status quo order granted on 06.06.2025, as a result of which the possession of land occupied by petitioner, cannot be taken by the respondents and this is hampering development work concerning construction of road under the Central Government scheme. 1/3 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date:

2026.03.12 17:56:14 +0530

2.

The petitioner is a sole proprietary concern, being a gas service agency dealing with domestic and commercial supply of liquefied petroleum gas (LPG).

3.

This petition can be argued on merits. But, the learned counsel for the petitioner, on instructions, has made a suggestion. It is brought to the notice of this Court that the petitioner has already approached the competent authority i.e. Petroleum and Explosives Safety Organization (PESO), Ministry of Commerce & Industry, Government of India, for grant of license to run the said gas agency at an alternative place. It is submitted on behalf of the petitioner that if such a license is granted, the petitioner would forthwith vacate the subject land and make it available for the respondents. In that light, it is submitted that the entire matter can be worked out. 4.

The learned counsel for the petitioner seeks permission to amend the petition, so as to add the said competent authority i.e. PESO as party respondent as also to add further prayers. It is submitted that granting permission to such amendment may lead to expeditious disposal of the petition itself.

5.

We are of the opinion that the aforesaid suggestion may indeed lead to expeditious disposal of the petition itself, to the satisfaction of the parties.

6.

In that light, leave is granted to amend the petition to add the aforesaid competent authority-PESO and in that context, to add further pleadings and prayers in the petition. Amendment be carried out within one week from today.

2/3

7.

Upon amendment being carried out, notice be issued to the newly added respondent, returnable on 26.03.2026, High on Board. 8.

Additionally, the petitioner is directed to serve the newly added respondent by way of private service and to file an affidavit of service before the next date of listing.

9.

Humdast granted.

10.

The interim order shall continue to operate till the next date. (SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) Priya Kambli 3/3