Zoeb S/O Sadiqbhai Vali And Anothr v. State Of Maharashtra, Thr. Secy. Public Works Department, Mumbai And ANR.

2026:BHC-NAG:4030-DB 118 WP-2075-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2075 OF 2026 [Zoeb S/o Sadiqbhai Vali and Another ..vs.. State of Maharashtra and Another] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. A. V. Pande, Advocate for Petitioners.

Shri. H. D. Marathe, AGP for Respondents/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 10 th MARCH, 2026 .

.

Heard Shri. A. V. Pande, learned counsel for the petitioners.

2.

The petitioners seek challenge to the impugned notice dated 26.02.2026 issued to the petitioner No.2, which is at record page No.21 and allegedly to the petitioner No.1, which is at record page No.23.

3.

The contention is that the notice dated 26.02.2026, which is at record page No.23, is issued to Shri. Juber Ali, whereas the petitioner No.1 is Zoeb Sadiqbhai Vali. Apart from difference in name, the other grounds regarding challenging such notice, Shri. Pande, learned counsel for petitioners, has invited our attention to the reply dated 06.03.2026 filed by petitioner No.1, which is at record page No.154 (Annexure - Q). Shri. Pande, learned counsel, submits that the petitioner No.2 is also in the process of filing reply to such notice. 4.

In view of the above, since respondent No.2 has already issued show cause notices to the petitioners regarding removal of encroachment and the said notices are under consideration, and

118 WP-2075-2026 as the petitioners have already filed their reply to such notices, we dispose of the present writ petition with a direction to respondent No.2 to decide the aforesaid notices by considering the grounds raised in the reply filed by the petitioners, on its own merits and in accordance with law, within a stipulated period of six weeks from the date of production of the order of this Court.

5.

In the meanwhile, respondent No.2 is directed not to act upon such notice dated 26.02.2026. We also make it clear that if respondent No.2, after considering the reply and hearing the petitioners, if necessary, comes to the conclusion that the notice is valid and needs to be acted upon, the present interim order shall continue for a further period of one week from the date of decision for enabling the petitioners to seek challenge to the same in appropriate proceedings.

6.

The present 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: 11/03/2026 10:35:01