1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4 OF 2008 Sahebrao Bajirao Dere and others. .. petitioners Versus State of Maharashtra and others. .. Respondent. --- Mr. L.V. Sangit, Advocate for the petitioner Mr. R.P. Phatke, Additional G.P. For respondent No.1. Mr. R.A. Tambe, Advocate holding for Mr. R.N. Dhorde, Advocate for the respondent No2. CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 26th August, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner seeks a direction, directing the respondents to remove the encroachment on the open site of public road of survey NO. 379/3B of Chalisgaon, District Jalgaon. 2 3] The respondent Municipal Council has filed an affidavit in reply. It has been categorically stated in the reply that the Municipal Council had directed the measurements to be made by the Taluka Inspector of Land Record and in the said report, it has been found that there has been encroachment on the public road. An assurance is given in the affidavit that the appropriate action would be take on the measurement report of the TILR. 4] We, therefore, dispose of the petition by accepting the statement made on behalf of the respondent Municipal Council. We expect that the encroachment, as assured by the Municipal Council, will be removed by 31st December, 2009. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/-