1 wp1243-11 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1243 OF 2011 M/s. Raina Engineers & Anr. ... Petitioners. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. U.P. Warunjuikar i.by A.B. Dubey for petitioners. Ms. S.S. Bhende, AGP., for respondent nos. 1 & 5. Mr. R.V. Sanhpal for respondent nos. 2 to 4. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 7th MARCH, 2011 P.C. 1. By way of this petition, the petitioners have prayed that the height of the entrance gate which is constructed by the respondents may be allowed to be suitably increased so that the cranes of the petitioners can pass through the gate as that is the only road available through which the petitioners can take their cranes. The height of the gate is such that it is not possible for the petitioners to take their cranes and that is hindrance to the entire business of the petitioners. In this behalf, the petitioners also made a complaint before the Tehsildar. under Section 133 of the Cr.P.C. Mr. Warunjikar, the learned counsel for the petitioners states that the said complaint shall be withdrawn. The statement is accepted. 2. Mr. Sanhpal, the learned counsel for respondent nos. 2 to 4 says that he has 2 wp1243-11 received instructions from his clients that the Group Gram Panchayat Patansai has no objection if the petitioners in a suitable manner increase the height of the gate but the same may be done at their own costs. It is submitted on behalf of the petitioners that while increasing the height of the gate proper care will be taken to see that no untoward accident happens in future particularly in case of heavy rains and/or cyclone. Mr. Warunjikar says that the petitioners will increase the height of the gate upto 20 ft. and not beyond that. In view of the no objection of respondent nos. 2 to 4, the petitioners are permitted to increase the height of the entrance gate upto 20 ft. so as to enable the petitioners cranes to pass through the gate. It will be the responsibility of the petitioners to see that the gate remains in sturdy condition and it may not fall down even in heavy rains and/or cyclone. The oral undertaking given by the petitioners in this behalf is accepted. 3. The petition is allowed on the above lines. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)