BHANUDAS MARUTI RASKAR v. THE STATE OF MAHARASHTRA AND OTHERS
WP/13708/2021 · 2026-01-17
Shri Arun R Pedneker, Vaishali Patil Jadhav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21948 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21948 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 929 WRIT PETITION NO.13708 OF 2021 Bhanudas Maruti Raskar ..Petitioner Versus The State of Maharashtra and Others ..Respondents ….. Shri. Sanjay N. Gaikwad, Advocate for the Petitioner Ms. V. P. Dama, AGP for the Respondent – State. Shri. D. V. Tele, Advocate for Respondent No.2 Shri. P. N. Khedkar, Advocate for Respondent No.4 Shri. V. P. Narwade, Advocate for Respondent Nos. 5 to 9 Shri. S. S. Gangakhedkar, Advocate for Respondent Nos. 11 and 12 ….. CORAM : ARUN R. PEDNEKER AND VAISHALI PATIL-JADHAV, JJ. Dated :
JANUARY 17, 2026 FINAL ORDER :- . The present Petition is filed seeking direction to Respondent No.4- Municipal Corporation for removal of encroachment on municipal land bearing Gat No.909-A in Shrigonda City and Shrigonda-Wadali Municipal Road. 2. Learned Advocate for the Petitioner submits that, the Petitioner is a doctor by profession and runs a clinic and Maharashtra emergency medical services etc in the vicinity. He further submits that, certain encroachments are made on the approach road and accordingly, the Petitioner made representation to Respondent No.4 seeking removal of the said encroachments. However, despite the representation, no action 2026:BHC-AUG:3395-DB
2 has been taken yet. 3. Affidavit is filed by Respondent No.4 dated 17.11.2022 whereby Respondent No.4 has admitted that, certain encroachments including Shrigonda-Wadali road would be removed between 25.05.2022 to
28.05.2022. It is submitted by learned Counsel appearing on behalf of Respondent No.4 that, the encroachments are removed. 4. Further, affidavit-in-rejoinder filed by the Petitioner dated 08.12.2022 pointing out that certain buildings are still in encroachment upon the said road, and he has given list of 11 buildings (pg no.27). 5. It is submitted by learned Advocate for Petitioner that, the action taken was limited to removal of encroachments of economically weaker persons, whereas the encroachments of financially strong persons were not removed. He has also given the list of the properties which have encroached on the Shrigonda-Wadali road. However, in the Affidavit filed by Respondent No.4 dated 04.01.2023, it is stated that, the encroachment, which the Petitioner is alleging, is actually authorized construction, and the alleged lands, where, according to the petitioner, encroachments are, are owned by the occupants. 6.
Considering the disputed facts as regards the nature of
3 constructions made, this Court would not entertain the Writ Petition and the Writ Petition is disposed of with liberty to Petitioner to seek appropriate remedy as available under law. (VAISHALI PATIL-JADHAV, J.) (ARUN R. PEDNEKER, J.) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 28/01/2026 11:19:08