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2021 DAILYLAW 1957 (BOM)

REKHA AMOL NAIK v. THE STATE OF MAHARASHTRA AND OTHERS

PIL/110/2021 · 2026-08-06

Public Interest Litigationbody2021

Judgment text

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*1* 192-pil-110-2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 192 PUBLIC INTEREST LITIGATION NO. 110 OF 2021 REKHA AMOL NAIK VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Ketan D. Pote, Advocate for the Petitioner Mr. A. M. Phule, AGP for Respondents/State Mr. Sagar D. Madake h/f. Mr. Ambetkar Arvind G., Advocate for Respondent Nos.11,16,22,23,24,39,40,41,42,68 Mr. Akshay G. Mulange h/f. Mr. Bhushan S. Dhawale, Advocate for Respondent No. 65 Mr. N. D. Batule, Advocate for Respondent No.10 Mr. Jaju Nikhil Santosh, Advocate for Respondent No. 17 ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 6th AUGUST 2026 P. C. :- 1. By order dated 13.07.2026, three weeks time was granted as a last chance to Respondents to file reply, failing which Respondent Nos.4 and 10 was directed to remain present before this Court on the next date. 2. The matter was to be listed on 03.08.2026. It is listed today. Learned AGP, on instructions, submits that reply of Respondent No.10 is necessary as she is concerned with the issue raised in the present Public Interest Litigation. Therefore, Narwade 2026:BHC-AUG:36881-DB *2* 192-pil-110-2021 according to him, Respondent No.4 be exempted from appearing before this Court. 3. Respondent No.10, Ms. Vijaya Dattatrey Ghadage, Chief Officer, Municipal Council, Shevgaon is present in the Court and she has tendered affidavit in reply. The same is taken on board. 4. In the affidavit in reply Respondent No.10, in paragraphs 19 and 20 has made following statements :- “19. I say that if, upon lawful measurement and demarcation, any encroachment is found upon Municipal property or a public road vested in the Municipal Council, necessary action shall be taken strictly in accordance with law. 20. I say that Deponent has acted bona fide and within its statutory powers and has already taken steps by requesting measurement and demarcation.” 5. By accepting the statement as an undertaking to this Court, we dispose of the Public Interest Litigation. Respondent No.10 shall, however, take the necessary steps as expeditiously as possible. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade