Ajay Ramayya Kankadalwar v. State Of Maha., (Thr. Directorate Of Municipal Admin., Urban Devpt. Dept. (Navi-1), Mumbai And ORS.

2026:BHC-NAG:2035-DB 101 WP-1115-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1115 OF 2026 [Shri. Ajay Ramayya Kankadalwar ..vs.. State of Maharashtra and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. A. M. Chandekar, Advocate for Petitioner. Shri. S. M. Ukey, Addl. G. P. for Respondent Nos.1 and 3. Smt. R. S. Sirpurkar, Advocate for Respondent No.2. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 6 th FEBRUARY, 2026 .

.

Heard Shri. A. M. Chandekar, learned counsel for the petitioner.

2.

The contention is that the respondent No. 2 - Nagar Panchayat, Aheri, District Gadchiroli, has initiated illegal action of demolition of the petitioner's structure, against which the petitioner has approached this Court. The petitioner submits that the respondent No.2, on 05.12.2025, had rejected the petitioner's application for permission of construction under Section 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short, "the MRTP Act").

3.

The aforesaid order was challenged by the petitioner before respondent No.1 by filing an appeal under Section 47 of the MRTP Act. The aforesaid appeal is at record page No.43 (Annexure - B). Learned counsel for the petitioner submits that the aforesaid appeal was taken up by respondent No.1 but is yet to be decided.

4.

In view of the above, we dispose of the present writ petition with a direction to respondent No.1 to decide the

101 WP-1115-2026 appeal filed under Section 47 of the MRTP Act by the petitioner within a period of four weeks from the date of receipt of this order.

5.

The petitioner is directed to appear before respondent No.1 on 11.02.2026 at 11:00 a.m. The petitioner undertakes to produce a copy of this order before respondent No.1 within a period of one week from today.

6.

The decision taken thereupon shall be communicated to the petitioner so also the respondent No. 2 within a period of two weeks from the date of such decision.

7.

In the meanwhile, the parties are directed to maintain status quo.

8.

The writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 06/02/2026 19:40:11