Mohan Kisan Pawar And Others vs The State Of Maharashtra And ...
2022 Latest Caselaw 353 Bom

                                           (1)                                  33-wp-357-2022



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD
             WRIT PETITION NO.357 OF 2022
 MOHAN KISAN PAWAR AND OTHERS         ..PETITIONERS
                   VERSUS
 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
                        ...
 Mr. R. N. Dhorde, Senior Advocate i/by Mr. R. L.
 Kute h/f Mr. P. S. Dighe, Advocate for the
 Petitioner.
 Mr. S. B. Yawalkar, AGP for Respondents-State.
                                             ...
                                    CORAM : S. V. GANGAPURWALA &
                                            S. G. DIGE, JJ.

DATED : 10th JANUARY, 2022.

PER COURT:-

1. Mr. Kute, learned advocate seeks leave to withdraw the Vakalatnama of Mr. V. R. Dhorde, learned advocate. Mr. P. S. Dighe, learned advocate appears for petitioners and files his Vakalatnama. Leave granted.

2. The learned senior advocate for petitioners seeks leave to amend. Leave granted.

3. Mr. Dhorde, learned senior advocate for petitioners submits that on C.T.S. No.629 (Old Gut No.775 admeasuring 37R) at village Kashti, respondent no.4 had constructed the complex. Public notice was issued for allotments of shops. The allottees of the ground floor have paid Rs.1,00,000/- as premium and allottees of first floor have paid Rs.50,000/- as premium and monthly lease is taken by respondent no.4. Initially, steps were sought to be taken. Writ Petition was filed.

(2) 33-wp-357-2022

4. Earlier also respondents had proceeded to take action against petitioners. Writ Petition bearing No.4477/2003 was filed by Village Panchayat Kashti. Under the judgment and order dated 30.04.2014 this Court had dismissed the Writ Petition. It was observed that, the allottees are not trespassers. The Grampanchayat has to follow the due process of law and the orders of the Zilla Parishad.

5. Now without notice to petitioners on 03.01.2022 the petitioners are directed to hand over the possession of the shops and further auction process shall be initiated.

6. According to the learned senior advocate auction process was initiated at the time of initial allotments of shops.

7. Issue notice to respondents, returnable on 07.02.2022. The learned A.G.P. waives service of notice for respondent no.1.

8. Till the next date, status quo with regard to the possession of the shops be maintained.

   (S. G. DIGE)                                           (S. V. GANGAPURWALA)
          JUDGE                                                   JUDGE


 Devendra/January-2022