Bombay High Court
Kisan Baburao Sonawane And Others vs The State Of Maharashtra Through The ... on 22 May, 2026
{1} 1 and 2-WPST-14985-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
1 WRIT PETITION STAMP NO. 14985 OF 2026
Dr. Sujay Dongar Pawar & Others ...Petitioners
Versus
The State of Maharashtra & Others ...Respondents
Mr. M.V. Bhamre, Advocate for petitioners
Mr. B.V. Virdhe, AGP for State
2 WRIT PETITION STAMP NO. 14986 OF 2026
Kisan Baburao Sonawane & Others ...Petitioners
Versus
The State of Maharashtra & Others ...Respondents
Mr. A.D. Pawar, Advocate for petitioners
Mr. B.V. Virdhe, AGP for the State
.......
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT)
DATE : 22nd 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), issued the impugned notices dated 13.05.2026 to Bhagyawant Punde {2} 1 and 2-WPST-14985-2026 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 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, Tal. Sindkheda, Dist. Dhule till pending hearing and final disposal of the present writ petition;"
(SIDDHESHWAR S. THOMBRE) JUDGE Bhagyawant Punde