Harishchandra Sitaram Pathari And ANR v. The Competent Authority And Sub-Divisional Officer And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10811 OF 2025 IN WRIT PETITION NO.905 OF 2025 Harishchandra Sitaram Pathari and Anr.

.. Applicants In the matter between Harishchandra Sitaram Pathari and Anr.

.. Petitioners

Versus

The Competent Authority and Sub-Divisional Officer, Bhiwandi Division, Bhiwandi and Ors. .. Respondents Ms. Asmi Desai, Senior Advocate, with Mr. Rajiv Chavan, Ms. Sonam Pandey, Ms. Rashmi Tiwari, i/by Mr. Amit Khan, Advocates for the Applicants-Original Petitioners.

Smt. P.N. Diwan, Assistant Government Pleader for Respondent Nos.1 & 3. Mr. Sachindra B. Shetye with Mr. Akshay Pansare, Advocates for Respondent Nos.4.1 to 4.3.

Mr. Vishal Navale (through V.C.) with Mr. Sarvesh Deshpande, Advocates for Respondent No.5.

CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ DATE : 5TH AUGUST 2025.

[ THROUGH HYBRID HEARING ] P.C. :

Mr. Asmi Desai, the learned senior counsel appears for the objectorsapplicants. 2.

The grievance of the applicants-petitioners is that during pendency of the present writ petition, a communication dated 18th June 2025 has been issued directing the petitioner no.1 to deposit Rs.44,11,840/- for 1,062 sq.mtrs. excess area and the petitioner no.2 has been directed to deposit Rs.37,40,000/- for 900 sq.mtrs. of land. 3.

The submission made at the Bar is that while the order dated 2nd July 2024 is pending consideration before this Court, the respondentDigitally signed by SNEHA ABHAY DIXIT Date:

2025.08.07 18:23:16 +0530 1/2 Dixit SNEHA ABHAY DIXIT 903-IA-10811-2025.doc

Authority could not have directed implementation of the said award by directing the petitioners to deposit the alleged excess amount. In view of the fact that the communication dated 18th June 2025 is a consequential order passed pursuant to the order dated 2nd July 2024, the proposed amendments are allowed and, pursuant thereto, the necessary averments shall be incorporated by the petitioners by filing amended writ petition within one week. Copy thereof shall be supplied to the learned counsels appearing for the parties.

4.

Post the amended writ petition on 19th August 2025. 5.

Interim Application No.10811 of 2025 is disposed of. [ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 2/2 903-IA-10811-2025.doc Dixit