LAWS(BOM)-2018-12-18

RAOSAHEB MAHADEV BORADE Vs. STATE OF MAHARASHTRA

Decided On December 05, 2018
RAOSAHEB MAHADEV BORADE Appellant
V/S
STATE OF MAHARASHTRA THROUGH SECRETARY, L And JD MANTRALAYA, MUMBAI; COLLECTOR, BEED; DISTRICT AND SESSIONS JUDGE, BEED; EXECUTIVE ENGINEER PWD, BEED; TAHSILDAR,GEORAI, DIST BEED; NAGAR PARISHAD GEORAI DIST BEED, THROUGH ITS CHIEF OFFICER Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard learned counsel appearing for the parties. The Petition is taken up for final hearing with consent of the parties.

(2.) The petitioner submits that he is a social worker and espousing the cause of general public and particularly the residents of Georai town. The learned counsel Mr.Thombre appearing for the petitioner submitted that due to certain encroachment infront of the entry gate and exist gate of the Court building which is due to unruly parking of the vehicles, the public in general and litigants in particular are required to carry the activity of thoroughfare using the internal gate of the building and this exercise leads to inconvenience and delay. The learned counsel for petitioner thus submitted before us that on the backdrop of this grievance, the petitioner prayed for the basic prayer in the Petition and i.e. prayer clause "B" and the prayer clause "B" reads thus :

(3.) The learned counsel then submitted that in identical fact situation, the Division Bench of this Court was pleased to observe that it would be open for the concerned competent authority viz. the Chief Officer to take steps for removal of the encroachment.