1 921.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 WRIT PETITION NO. 13630 OF 2025 UDDHAVRAO GYANBARAO SABLE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER ... Advocate for the Petitioner : Mr. Ghatge Mahesh V. AGP for Respondent/State : Mr. V.M. Kagne Advocate for Respondent No.2 : Mr. Tripathi Manish Purushottam … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 01.09.2026 PER COURT : . Indisputably, the issue raised in this petition is squarely covered by the order passed by this Court in Writ Petition No.12310 of 2024, which arose from same reservation. 2. The petitioners’ land bearing Survey No.91/1, admeasuring 1 H 59 R, is shown to have been reserved for Stadium vide Reservation Site No.25 and 15 meters wide D.P. road. The Notification in that regard was issued on 28.04.2011 making effective the reservation from 15.05.2011. Since, respondent No.2 failed to take appropriate steps for acquisition of the reserved land of the petitioners under the provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short, ‘the MRTP Act’), the petitioners served notice upon respondent No.2 on 13.12.2022, asking for acquisition of the land. However, no steps are taken by respondent No.2 till date. 2026:BHC-AUG:40200-DB 2 921.doc 3. Respondent No.2 has filed affidavit-in-reply stating that, it has no funds to acquire the land and, therefore, no steps were taken towards acquisition of the petitioners’ land. 4. The facts of this petition are identical to those of the Writ Petition stated above. 5. For the reasons stated in the said order, the Writ Petition is allowed in terms of prayer clauses ‘B’, ‘C’ and ‘D; which are as follows : “B) To hold and declare that, the reservation on the land bearing Survey No.91 (at present which is recorded in the revenue record as Survey No.91/1) owned by petitioners admeasuring 1 H. 59 R. in total as Site No. 25 (Stadium) and 15 Mtrs. DP Road, has lapsed in view of the provisions of Sec.127 of the Maharashtra Regional and Town Planning Act, 1966. C) By issuing Writ of Mandamus or any other order or directions in the like nature, the respondent no.1 may kindly be directed to notify the lapsing of reservation over the land of the petitioners i.e. Survey No. 91/1 situated within the limit of Municipal Council, Jintur i.e. respondent no.2 within period of three months, by publishing notification in official gazette U/sec. 127 (2) of the M.R.T.P. Act, 1966. D) Hold and declare that, petitioners are entitled to proceed with the development of the property and the respondents will not delay granting of permission for want of notification as required U/sec. 127(2) of the M.R.T.P. Act, 1966 as issuance of notification in the official gazette is merely a ministerial act. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) vsj..