SHRI NARAYAN KASHIRAM SALGAONKAR SON OF LATE KASHIRAM NARAYAN SALGAONKAR Vs. SHRI TUKARAM BABAL SALGAONKAR S/O LATE BABLO ALIAS BABAL LOXIMONA SALGAONKAR
LAWS(BOM)-2017-11-458
HIGH COURT OF BOMBAY
Decided on November 21,2017

Shri Narayan Kashiram Salgaonkar Son Of Late Kashiram Narayan Salgaonkar Appellant
VERSUS
Shri Tukaram Babal Salgaonkar S/O Late Bablo Alias Babal Loximona Salgaonkar Respondents

JUDGEMENT

C.V.BHADANG,J - (1.) Rule made returnable forthwith. Mr. K. T. Sawant, learned Counsel for the contesting Respondent no. 1 to 3 waives service. None appears for Respondent no. 4. The Respondent no. 4 had left the matter of impleadment to the discretion of the Additional Director. In other words, the Respondent no. 4 did not contest the application. The Petition is heard finally by consent of parties.
(2.) The Petitioner is challenging the Order dated 12.07.2016 passed by the learned Additional Director of Panchayat refusing leave to the Petitioner to intervene in the Panchayat appeal. That Order has been confirmed in Civil Revision Application No. 86 of 2016 by the learned District Judge by Order dated 03.08.2017.
(3.) The brief facts are that the Petitioner claims to be a co-owner of the property on which the Respondent no. 1 has put up certain construction, which, according to the Petitioner and the fourth Respondent, is without the necessary licence. It appears that the Petitioner had filed a suit against the Respondent no.1 to 3 in which temporary injunction was granted, thereby restricting the Respondent no.1 to 3 to effect the construction within the plinth area. The matter was initially carried in appeal before the learned District Judge and then before this Court in Writ Petition no. 531 of 2014. While refusing to interfere with the order of temporary injunction, this Court in para 6 of the Judgment and Order dated 14.08.2014 observed that the Petitioner can approach the authorities to examine the aspect of the disputed construction being effected without any licence from the statutory authorities. It appears that the Petitioner thereafter lodged a complaint with the fourth Respondent/Village Panchayat which has directed demolition of the entire construction. That Order is subject matter of Appeal before the learned Additional Director of Panchayat. The Petitioner filed an application for intervention before the learned Additional Director which has been rejected. That order has been confirmed by the learned District Judge in revision application.;


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