Narayan Paptalal Patil And Others vs The State Of Maharashtra Through The ...

Citation : 2026 Latest Caselaw 5362 Bom
Judgement Date : 21 May, 2026

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Bombay High Court

Narayan Paptalal Patil And Others vs The State Of Maharashtra Through The ... on 21 May, 2026

                                     {1}                   6-WPST-14944-2026

                   IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                              BENCH AT AURANGABAD

                     6 WRIT PETITION STAMP NO. 14944 OF 2026

Saurabh Rajendra Patil & Others                            ...Petitioners

         Versus

The State of Maharashtra & Others                          ...Respondents

Mr. A.D. Pawar, Advocate for the petitioners
Mr. R.K. Ingole, AGP for the State

                    10 WRIT PETITION STAMP NO. 14939 OF 2026

Dr. Narayan Paptalal Patil & Others                        ...Petitioners

         Versus

The State of Maharashtra & Others                          ...Respondents

Mr. M.V. Bhamre, Advocate for the petitioners
Mr. R.K. Ingole, AGP for the State
                                   .......

                                   CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           (VACATION COURT)

                                   DATE : 21st MAY, 2026

ORDER :

1. Heard learned counsels for the petitioners.

2. The learned counsels for the petitioners submit that the petitioners are owners of the properties and without giving notices to them, the Sub Division Engineer (PWD), Sindkheda issued the impugned notices dated Bhagyawant Punde {2} 6-WPST-14944-2026 13.05.2026 to the petitioners to remove the encroachment by 21.05.2026.

3. Counsels for the petitioners submit that the petitioners are not the encroachers. They are owners of the property. The respondent No. 5- Sub Divisional Engineer did not issue any show cause notices to the petitioners and without giving prior notice, directed to remove the encroachment by 21.05.2026.

4. In view of the above, I am inclined to issue notice to respondents, returnable on 25.06.2026. The learned AGP waives service for respondents No. 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 say to operation, execution and implementation of encroachment notices dated 13.05.2026 issued by Respondent No. 5-Sub Divisional Engineer, PWD-

Sub-Division, Sindkheda, Tal. Sindkheda, Dist. Dhule till pending hearing and final disposal of the present writ petition;"

(SIDDHESHWAR S. THOMBRE) JUDGE Bhagyawant Punde