Amit Pratapsing Theng And ORS. v. State Of Maha., Thr. Collector, Buldhana And Another

2025:BHC-NAG:6843-DB 1 106.WP.2742-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2742 OF 2025 ( Amit Pratapsing Theng & Ors.

Vs.

State of Maharashtra, Thr. Collector, Buldhana & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.L. Amale, Advocate for the Petitioners. Mr. J.Y. Ghurde, AGP for the Respondents/State. CORAM: NITIN W. SAMBRE, AND SACHIN S. DESHMUKH, JJ.

DATED : 16th JULY, 2025 1.

Heard finally by consent of the learned Counsel for the respective parties.

2.

It is the case of the Petitioners that their land is adjacent to the existing road which is sought to be widened. The same is being carried out without any notice, acquisition or compensation by the Respondents.

3.

A representation to that effect is already preferred by the Petitioners on 21.04.2025 to the Respondent No.2Executive Engineer, Buldhana, which according to the Petitioners is not attended to.

4.

So as to infer that the land of the Petitioners is encroached by the Respondents, there has to be some basis

2 106.WP.2742-2025.odt and for such purpose, we deem it appropriate to permit the Petitioners to carryout the measurement of their land and based on such measurement report, submit a representation to the Respondent No.2-Executive Engineer, Buldhana. The matter of the widening of the Sawargaon-Waghapur-Antri Kodi-Godri Chandai Road is marked at page 28 of the Petition.

5.

In case the representation substantiated by the measurement report of the revenue authorities is placed on record of the Executive Engineer, the Executive Engineer shall deal with the same and communicate the decision taken viz., whether it has any intention to acquire the land of the Petitioners if so encroached by the said Respondent in the matter of the widening of the road within a period of 4 weeks from the receipt of such representation.

6.

The Petition accordingly stands disposed of. No costs.

(SACHIN S. DESHMUKH) (NITIN W. SAMBRE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 17/07/2025 16:21:50