Sopan Tabu Kudale v. The Commissioner Pimpri Chinchwad Municipal Corporation And ORS

21-wp 8076-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8076 OF 2025 Sopan Tabu Kudale ... Petitioner

Versus

The Commissioner, Pimpri Chinchwad Municipal Corporation & Ors.

... Respondents .............

Mr. Sanjiv A. Sawant i/b Mr. Samir M. Suryawanshi for the Petitioner. Mr. Kedar B. Dighe for Respondent Nos.1 to 5. Mr. A. I. Patel, Addl GP a/w. Mrs. Reena A. Salunkhe, AGP for Respondent-State.

CORAM

: M. S. KARNIK AND N. R. BORKAR, JJ.

DATED : 30 th JULY, 2025.

P.C. :

1.

Heard learned counsel for the parties.

2.

It is the contention of the petitioner that the land belonging to the petitioner is being illegally encroached by the Pimpri Chinchwad Municipal Corporation (PCMC) as a result of the illegal demarcation of the land by Deputy Superintendent of Land Record (DSLR).

3.

The petitioner has filed an appeal before the DSLR along with an application for stay. It is submitted by the learned counsel for the petitioner that the respondents are not appearing before the DSLR despite notice is being issued which is causing serious prejudice to the petitioner and as the construction by the PCMC in respect of hospital is proceeding at a fast pace. According to the learned counsel for the petitioner, the appeal Amk 1/2

21-wp 8076-25.doc was filed along with the application for stay on 04.12.2024. 4.

In the facts of the present case, we direct the DSLR to hear the application for stay as expeditiously as possible and in any event within a period of three weeks from 05.08.2025. The petitioner and the PCMC to appear before the DSLR at 11.00 a.m. on 05.08.2025 along with the copy of this order. The prayer for grant of ad-interim relief be considered. 5.

We request the DSLR to make an endevour to hear the appeal itself as expeditiously as possible and preferably within a period of six months from 05.08.2025.

6.

It is made clear that we have not made any observation on the merits of the petition.

7.

All contentions are kept open.

8.

The writ petition is disposed of.

(N. R. BORKAR, J.) ( M. S. KARNIK, J.) Amk 2/2