Advocates:
['Pandav Suresh P', 'COPY SERVED ON GP', '', 'R Nos', 'are served', 'AGP', 'BHANDARI ANAND P']

1 WP / 11910 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 11910 OF 2021

1] Syed Zawar Husain S/o Mahmood Husain

Age 64 years, Occupation : Pensioner,

Resident of Plot No. 53, Dilras Co-operative

Housing Society, S. No. 1 and 2 Asif Baug,

Aurangabad Taluka and Dist. Aurangabad

2]

Mohd. Sarfarazuddin S/o. Hasnuddin

Age 65 years, Occu. Private Service,

Resident of Plot No. 32, Dilras Co-operative

Housing Society, S. No. 1 and 2 Asif Baug,

Aurangabad Taluka and Dist. Aurangabad

3]

Rizwan S/o Bubakar Dawood

Age 38 years, Occ. Business,

Resident of Plot No. 57, Dilras Co-operative

Housing Society, S. No. 1 and 2 Asif Baug,

Aurangabad Taluka and Dist. Aurangabad

4]

Rahim Baig S/o Mirza Baig,

Age 63 years, Occ. Pensioner,

Resident of Plot No. 15, Dilras Co-operative

Housing Society, S. No. 1 and 2 Asif Baug,

Aurangabad Taluka and Dist. Aurangabad

5]

Mohd Hafizullah Khan,

Age 38 years, Occ. Business,

Resident of Plot No. 27, Dilras Co-operative

Housing Society, S. No. 1 and 2 Asif Baug,

Aurangabad Taulka and Dist. Aurangabad .. Petitioners

Versus

1]

The State of Maharashtra,

Through the Principal Secretary,

Urban Development Department,

Maharashtra State,

Mantralaya, Mumbai 400 032

2]

The Collector, Aurangabad

3]

Director of Town Planning

Maharashtra State, Central Building,

Pune

4]

Aurangabad Municipal Corporation,

Aurangabad, through its Administrator

2 WP / 11910 / 2021

5]

The Deputy Director, Town Planning,

Municipal Corporation,

Aurangabad

.. Respondents

...

Advocate for petitioner : Mr. Suresh P. Pandav

AGP for the respondents no. 1 to 3 : Mrs. R.P. Gour

Advocate for the respondents no. 4 and 5 : Mr. A.P. Bhandari

...

CORAM

: MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

DATE

: 29 JULY 2022

ORDER (MANGESH S. PATIL, J.) :

Heard.

2.

Rule. Rule made returnable forthwith.

3.

Learned AGP waives service for respondents no. 1 to 3.

Mr. Bhandari waives service for respondents no. 4 and 5.

4.

On the joint request of the parties, the matter is heard

finally at the stage of admission.

5.

The petitioner is seeking writ of mandamus and prohibition

in following words of prayer clauses (B) and (C) :-

“B) Issue a Writ of Mandamus or any other appropriate

Writ, Order or directions in the like nature directing

the respondents to take immediate necessary

steps to acquire the land under reservation No.20

for play ground having area 1692 Sq. Meters and

Reservation No. 21 for Library admeasuring 1008

Sq. Meters and develop the said reservations

within stipulated time frame and for that purpose

issue necessary orders;

3 WP / 11910 / 2021

C) Issue a Writ of Prohibition or any other appropriate

Writ, or directions in the like nature, prohibiting the

respondents Nos. 1 to 5 from taking any steps for

deletion and/or deleting the reservation No.20 for

play ground having area 1692 Sq. Meters and

Reservation No.21 for Library admeasuring 1008

Sq. Meters and for that purpose issue necessary

orders”

6.

The petitioners in a way, are seeking the respondent

no. 4 - municipal corporation to acquire the land under reservation

no. 20 which is for a playground over 1692 Square Meters and

reservation no. 21 for a library over 1008 Square Meters and further

seeking to injunct the respondents from deleting the reservation.

7.

Learned advocate Mr. Pandav for the petitioners would

vehemently submit that the petitioners are the owners of some of the

plots from survey no. 1/1/A and survey no. 2/1 of Aurangabad. In fact,

total area of 109 Acres (4 Hectare and 5 Are) was purchased by a

co-operative housing society under couple of sal