Case Note & Summary
The petitioner, Raosaheb Mahadev Borade, a social worker and agriculturist from Georai, filed a Public Interest Litigation before the Bombay High Court, Aurangabad Bench, seeking removal of encroachments and unruly parking in front of the court building and bus stand in Georai town. The petitioner contended that due to encroachments and haphazard parking of vehicles near the entry and exit gates of the court building, the public and litigants faced inconvenience and delay in accessing the court. The petitioner also sought removal of encroachments on the Aurangabad-Georai-Beed road, as well as removal of auto-rickshaw and private taxi stands in front of the ST bus stand and government offices. The learned counsel for the petitioner, Mr. C.V. Thombre, submitted that the Division Bench of the High Court had previously observed in similar matters that it would be open for the competent authority to take appropriate action. The respondents, including the State of Maharashtra, Collector Beed, District and Sessions Judge Beed, Executive Engineer PWD Beed, Tahsildar Georai, and Nagar Parishad Georai, were represented by the Assistant Government Pleader Mr. S.S. Dande. The court, after hearing the parties, disposed of the petition with a direction to the respondents to consider the petitioner's representation and take appropriate action in accordance with law within a period of four weeks from the date of the order. The court also directed that the petitioner be informed of the decision taken on the representation. The judgment was delivered by a Division Bench comprising Justice Prasanna B. Varale and Justice Mangesh S. Patil on 5 December 2018.
Headnote
A) Public Interest Litigation - Encroachment - Removal of Encroachments - The petitioner, a social worker, sought removal of encroachments and unruly parking in front of the court building and bus stand in Georai town, causing inconvenience to litigants and public. The court directed the respondents to consider the representation and take appropriate action in accordance with law within a specified period. (Paras 1-5)
Issue of Consideration
Whether the encroachments and unruly parking in front of the court building and bus stand in Georai town cause public inconvenience and require removal by the authorities.
Final Decision
The petition is disposed of with a direction to the respondents to consider the petitioner's representation and take appropriate action in accordance with law within a period of four weeks from the date of the order. The petitioner shall be informed of the decision taken on the representation.
Law Points
- Public Interest Litigation
- Encroachment
- Mandamus
- Removal of Encroachments
- Parking Regulation
