Bombay High Court
NAMDEO GANPAT MULEversusTHE STATE OF MAHARASHTRA
- Disposal
- Dismissed
Holding
The petition is dismissed as there is no merit in challenging the notice after the illegal structure has been demolished.
Summary
Namdeo Ganpat Mule filed a writ petition challenging a notice dated 21 August 2013 issued by the Gaon Kamgar Talathi, which directed him to pay Rs.2,85,450 for an illegal construction as per the orders in Public Interest Litigation No.107 of 2001. The petitioner had neither paid the amount nor retained the structure, which had already been demolished. He appeared through counsel seeking an adjournment. The Court, after being informed by the Attorney General that the structure was demolished and referencing the 13 March 2002 order directing the issuance of the notice, found no substantive ground to entertain the petition. Consequently, the Court dismissed the writ petition for lack of merit.
Issues considered
- Whether the petitioner is liable to pay Rs.2,85,450 for the illegal construction under the order in PIL No.107 of 2001
- Whether the petition for dismissal of the notice is maintainable after the demolition of the structure
Subjects
- writ petition
- illegal construction
- demolition
- adjournment
- public interest litigation
- notice
- dismissal
Judgment
6-WP-2455-2017 (C).doc
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2455 OF 2017
Namdeo Ganpat Mule ] Petitioner
versus
State of Maharashtra and another ] Respondents
…..
Digitally Mr. Rushieksh Thakur i/b Dr. Uday Warunjikar, Advocate for Petitioner.
signed by
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
2026.08.18
Mr. Abhijeet Naik, A.G.P, for Respondent No.1 – State.
17:42:18
+0530
Mr. Dinesh Sonarikar, for Respondent No.2.
.....
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 18 AUGUST 2026.
P. C. :
1. None appears for the Petitioner when the matter was called out.
2. In the present Writ Petition, which has been filed in the year
2017, the notice dated 21 August, 2013 issued by Gaon Kamgar Talathi
has been challenged. By the impugned notice, which is annexed at page
48 of the Writ Petition, the Gaon Kamgar Talathi has directed the
Petitioner, in pursuance of the orders passed by this Court in Public
Interest Litigation No.107 of 2001, to pay an amount of Rs.2,85,450/-
on account of the illegal construction put up by the Petitioner.
Shailaja 1
6-WP-2455-2017 (C).doc
3. We have been informed that the Petitioner has not paid an
amount of Rs.2,85,450/-, and that the illegal structure has already been
demolished.
4. At this stage, Mr. Thakur has appeared on behalf of the Petitioner
and is seeking an adjournment.
5. In view of the above, we find no substance in the present Petition.
The structure in question has already been demolished, as stated by the
learned A.G.P. The learned A.G.P. has also brought to our notice the
order dated 13 March, 2002 passed by the Division Bench of this Court
in Public Interest Litigation No.107 of 2001, which forms part of Exhibit
A to the Petition. By the said order, Respondent Nos.5 to 7 therein were
directed to proceed with the impugned notices expeditiously and to
dispose of the same.
6. In view of the above, we do not find any merit in the present Writ
Petition. Hence, the Writ Petition is dismissed.
[ABHAY J. MANTRI, J.] [RAJESH S. PATIL, J.]
Shailaja 2
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