Union Of India Through The Sr. Division Engineer (E) v. The State Of Maharashtra And Others

2026:BHC-AUG:2279 {1} 23 sr. no...odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1756 OF 2025 Union Of India Through The Sr. Division Engineer (e) ....Petitioner

VERSUS

The State Of Maharashtra And Others .....Respondent .....

Advocate for the Petitioner : Mr. Rahul B Bagul APP for Respondents: Mr. A.A.A. Khan.

CORAM : MEHROZ K. PATHAN, J.

DATE : 19th JANUARY, 2026.

P.C. :- 1.

The learned counsel for the petitioner submits that the petitioner has filed the present petition challenging the order dated 12.12.2025 passed by he Assistant Director/Collector exercising powers under Section 152 of the BNSS, making an absolute order directing the Railways to re-open Level Crossing No. 74 within 7 days from the issuance of the order.

2.

The learned counsel for petitioner submits that subsequent to the impugned order, the District Collector has now, again, granted permission to undertake the temporary closure of Level Crossing No.74 for the purposes of construction of proposed Road Under Bridge (RUB) vide order dated 31.12.2025, granting a conditional No Objection Certificate (NOC).

3.

Thus, in view of the subsequent order dated 31.12.2025, the cause of action for filing of the petition does not survive. The writ petition is, therefore, disposed of as infructuous. [MEHROZ K. PATHAN] JUDGE.

grt/-