Kisan Baburao Sonawane And Others vs The State Of Maharashtra Through The ...
2026 Latest Caselaw 5432 Bom

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