VASANTRAO SAMPATRAO NALAWADE vs THE DISTRICT COLLETOR SATARA AND ORS

Judgment text excerpt

Civil WPst.17888 & 17889.2024.docx Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION (ST) NO. 17888 OF 2024 WITH CIVIL WRIT PETITION (ST) NO. 17889 OF 2024 Vasantrao Sampatrao Nalavade .. Petitioner Versus District Collector, Satara & 14 Ors. .. Respondents ....................  Mr. Nikhil Wadikar a/w Mr. Pradip Zende, Aniket Gole i/b Mr. Nandu Pawar, Advocate for Petitioner  Mr. Vishwajeet Kapse a/w Mr. Shailesh Chavan, Mr. Akshay Mane, Mr. Dhairyashil Phadtare, Advocate for Respondent Nos. 4 to 6  Ms. Aloka A. Nadkarni, AGP, for Respondent Nos. 1 to 3 - State. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025 JUDGMENT: 1. These two Writ Petitions take exception to the twin orders, both dated 21.06.2024 passed by learned District Court i.e. Appellate Court in Miscellaneous Civil Appeal (for short “MCA”) Nos.48 of 2024 and 50 of 2024 whereby common order dated 08.04.2024 passed below Exhibit-5 and Exhibit-45 by learned Trial Court is upset. Both impugned orders are absolutely identical, passed in two separate MCAs. 2. Parties shall be referred to as “Plaintiffs” and “Defendants” for convenience. 1 of 23 Civil WPst.17888 & 17889.2024.docx 3. Petitioner in both Petitions viz; Writ Petition (Stamp) No.17888 of 2024 and Writ Petition (Stamp) No.17889 of 2024 is Plaintiff No.1 and Respondent Nos.7 to 15 are Plaintiff Nos.2 to 10, whereas Respondents Nos.1 to 6 are Defendant Nos.1 to 6. Plaintiffs are admittedly owners of Gat Nos. 708, 709, 710 and 711. Aligning on the west side boundary of these Gat numbers is a vahivat road which joins the main road. This vahivat road is used for ingress and egress by Plaintiffs as private road. 4. Plaintiffs filed the present Suit seeking injunction against Defendant N