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2026 DAILYLAW 20558 (BOM)

KALAVATI VENKATRAO NEMANIWAR AND ANOTHER v. THE STATE OF MAHARASHTRA AND OTHERS

WP/14027/2026 · 2026-10-12

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 wp 14207.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 14 WRIT PETITION NO.14027 OF 2026 Kalavati Venkatrao Nemaniwar And Another VERSUS The State Of Maharashtra And Others ... Advocate for Petitioners : Mr. B.G. Londhe AGP for Respondents: Mr. S.K. Tambe Advocate for Respondent no.4 : Mr. R.B. Bagul ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. Dated : October 12, 2026 ... PER COURT :- 1. The petitioners challenges the notice dated 06.10.2026 issued by respondent no.4 directing petitioners to remove the encroachment which is coming within ROW. The petitioners contend that they have valid construction permission issued to them on 25.3.2025. 2. Upon hearing learned advocate for petitioners, learned advocate for Respondents, learned AGP for State and on recording undertaking of the petitioners that if their construction comes within ROW, they themselves will remove it. 3. Learned advocate appearing for respondent no.4, on instructions from Mr.Shripad Sharadrao Deshpande, (Sub 2026:BHC-AUG:48483 2 wp 14207.2026.odt Divisional Officer, National High way, Sub-Division, Bhokar), who is present in the Court, submit that, notice was issued to the petitioners to remain present alongwith necessary documents, and after measurement is carried out, after hearing the petitioners, if some part of the petitioner’s property comes within ROW, then, that much portion will be removed. 4. We record the said statement as an undertaking to this Court and dispose of the writ petition. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) ... aaa/-