Darshan Patil Digitally signed by DARSHAN DARSHAN PRAKASH IN THE HIGH COURT OF JUDICATURE AT BOMBAY PRAKASH PATIL PATIL Date:

2025.02.18 CIVIL APPELLATE JURISDICTION

16:21:47 +0530 WRIT PETITION NO. 15399 OF 2024

1. Pravin Girish Chamaria, ]

Aged 40 years, Indian inhabitant, ]

2. Nishit Bechar Patel ]

Aged 36 years, Indian inhabitant ] Both having their office ] address at ] 10, Ground Floor, Mithila ] Shopping Centre, VM Road, ] Juhu Scheme, Vile Parle ]

West, Mumbai – 400 049 ]…Petitioners VERSUS

1. The State of Maharashtra, ]

Through the Government ] Pleader, Ground Floor, ] PWD Building, Fort, ] Mumbai-400 001. ]

2. The Sub-Divisional Officer, ]

Maval-Mulshi Sub-Division, Pune ] Having its office at ] Revenue Training and ] Awareness Centre, ] Awar, Bavdhan B, ] Taluka- Mulshi, Pune- 411 021 ]

3. M/s Shree Tirupati Construction ]

A registered partnership ] firm bearing registration ] No. BA-99268, through ] its partners, Mr. Pravin Chamaria ]

and Mr. Dilip P. Kudalkar, ] having its office address at 10, ] Ground Floor, Mithila ] Shopping Centre, VM ] Road, Juhu Scheme, Vile Parle West, ] Mumbai-400 049 ]

4. Mr. Dilip Prabhakar Kudalkar, ]

aged 64 years, Indian Inhabitant, ] having his address at Room No.3, ] Chintamani Society, Sudarshan ] Nagar, Main Road, Opp. Astitva, ] MIDC, Dombivali- East, ] Kalyan, Maharashtra- 421 203 ]

5. Mr. Jagdish Shashikumar Raje, ]

aged 60 years, Indian inhabitant, ] having his address at Flat no. 1003, ] Sarvodaya Heights Apartment, ] Patharli Road, Gograss Wadi, ] Near Shiv Mandir, Dombivali- East, ]

Kalyan, Maharashtra- 421203 ]…Respondents __________________________________________________________

APPEARANCES-

Mr Aman Kacheria, a/w Mr Rishabh Dhanuka, Mr Murtuza Bohra, Mr Zaki Ansari i/b A & D Legal, for the Petitioners.

Mr Rafiq Dada, Senior Advocate, a/w Mr Vaibhav Joglekar, Senior Advocate i/b Mr Mahesh B Joshi, Mr Prashant Muley, for Respondents 4 & 5.

Ms V R Raje, AGP, for the State.

__________________________________________________________

CORAM : M.S.Sonak &

Jitendra Jain, JJ.

RESERVED ON : 13 February 2025 PRONOUNCED ON : 18 February 2025 JUDGMENT ( P er MS Sonak J) :-

1. Heard learned counsel for the parties.

2. This petition was directed to be listed for final disposal on 13 February 2025 at 2:30 p.m. by order dated 11 February 2025. Accordingly, Rule. The Rule is made returnable immediately at the request and with the consent of learned counsel for the parties.

3. By instituting this petition, the Petitioners seek the following substantive reliefs: -

“(a) This Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ, order and/or direction, inter alia, calling for the records and proceedings before the Respondent No.2 in respect of the Impugned Order dated 11th March 2024 (Exhibit “D” hereto) and after considering the legality, validity and/or propriety thereof, this Hon’ble Court be pleased to quash and set aside the Impugned Order dated 11th March 2024 passed by the Respondent No.2 as illegal and in excess of the jurisdiction vested under section 19 of the Maharashtra Highways Act, 1955;

(b) This Hon’ble Court be pleased to direct Respondent No.2 to deposit the entire amount payable towards acquisition of the larger property, being an amount of Rs.27,74,18,154/- (Rupees Twenty Seven Crore Seventy Four Lakh Eighteen Thousand One Hundred Fifty Four only) in the partnership account of Respondent No.3, the details of which are provided at Exhibit “Q”;

(c) This Hon’ble Court be pleased to direct the Respondent No.2 to refer the disputes regarding the apportionment and/or the payment of the amount pursuant to the award to the principal civil court exercising original jurisdiction in accordance with section

19C (4) of the Maharashtra Highways Act, 1955;”

4. On 30 October 2024, the Vacation Bench granted interim relief in this petition, restraining the fourth and fifth Respondents from withdrawing the amounts deposited in this Court. This interim