Baban Keshav Lende v. Executive Engineer National Highway Authority And ORS.
970+972-WP-1705-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION
970) WRIT PETITION NO. 1705 OF 2026 Baban Keshav Lende
...Petitioner
Versus
Executive Engineer National Highway Authority And Ors.
...Respondents
972) WRIT PETITION NO. 1707 OF 2026 Dattatray Keshav Lende And Anr.
...Petitioners
Versus
Executive Engineer National Highway Authority And Ors.
...Respondents
.....
Adv. Rakesh R. Bhatkar a/w Mr. Aarya V. Ambulkar and Adv. Sachin Berde, for Petitioners.
Mr. Rakesh Singh (through V.C.), for the Respondent Nos.1 and 2. Ms. Tejas Jayprakash Kapre, learned AGP for the Respondent-State in Sr. No.970.
Mr. Ravi P. Kadam, 'B' Panel Counsel, for the Respondent-State in Sr. No.972.
.....
CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.
DATE : 17th APRIL, 2026.
P.C. :
1.
Heard Mr. Bhatkar, learned counsel appearing for the petitioners and Mr. Rakesh Singh, learned counsel appearing for the respondent Nos.1 and 2.
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970+972-WP-1705-2026 (C).doc 2.
Perusal of the impugned notices dated 27th March 2026 shows that the same are contrary to the mandatory provisions of sub-Section
(3) of Section 26 of the Control of National Highways (Land and Traffic) Act, 2002.
3.
In view of this, Mr. Rakesh Singh, learned counsel appearing for the respondent Nos.1 and 2 states that he has taken instructions and within a period of one week impugned notices dated 27th March 2026 would be withdrawn and fresh notices in compliance with Section 26, particularly Sub-Section (3) of the same, will be issued. 4.
Accordingly, in view of the said statement, the Writ Petitions are allowed in above terms.
5.
It is clarified that this Court has not considered other aspects and, therefore, the contentions of all the parties are expressly kept open. 6.
Accordingly, the Writ Petitions are disposed of in above terms with no order as to cost.
[ PRAVIN S. PATIL, J.] [MADHAV J. JAMDAR, J.] ZIP