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Bombay High Court
Jagannath Chindha Chaudhary vs The State Of Maharashtra Though The ... on 20 May, 2026
9, 12-WPST-14844, 14846-26.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION STAMP NO.14844 OF 2026
MANOHAR DHOLUMAL BHOJWANI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
WRIT PETITION STAMP NO. 14846 OF 2026
JAGANNATH CHINDHA CHAUDHARY AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
....
Mr.Manish V. Bhamre, Advocate for Petitioners in WPST/14844/2026
Mr. Ajay D. Pawar, Advocate for Petitioners in WPST/14846/2026
Mr. A. R. Kale, AGP for Respondent Nos. 1 to 5 and 7
....
CORAM : SIDDHESHWAR S. THOMBRE, J.
[ VACATION COURT ] DATE : May 20, 2026 PER COURT :-
1. Heard learned counsel for the petitioners.
2. The learned counsel for the petitioners submit that the petitioners are othe wners of the properties and without giving notices to them, the Sub Divisional Engineer PWD issued the impugned notices dated 13.05.2025 to the petitioners to remove the encroachment by 21.05.2026.
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(( 2 )) 9, 12-WPST-14844, 14846-26
3. Counsel for the petitioners submits that the petitioners are not the encroachers. They are owners of the property. The respondent - Sub Divisional Engineer did not issue any show cause notices to the petitioners and without giving prior notice, directly the respondent directed to remove the encroachment by 21.05.2026.
4. In view thereof, I am inclined to issue notice to the respondents, returnable on 25.06.2026. The learned AGP waives service for respondent Nos. 1 to 5 and 7.
5. In the meantime, there shall be ad interim relief in terms of prayer clause 'D', which reads thus:
"(D) To grant stay to operation, execution and implementation of encroachment notices dated 13.05.2026 issued by respondent no.5 - Sub Divisional Engineer, PWD, Sub-
Division, Sindkheda, Tq. Sindkheda, Dist. Dhule, till pending hearing and final disposal of the present writ petitions".
[ SIDDHESHWAR S. THOMBRE, J. ] SMS 2 of 2