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Bombay High CourtWP/542/2018disposed off

Dr. Nooruddin Nizamuddin Ansari v. The State Of Maharashtra And ORS.

2018-02-07Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice P.N. Deshmukh2 pages

wp542 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.542 OF 2018 Dr.Nooruddin Nizammuddin Ansari

...Petitioner

vs.

Bhiwandi Nijampur City Municipal Corporation & Ors.

...Respondents

Mr.Nilesh Wwable for the Petitioner Ms R.A.Salunkhe, AGP for the respondent No.1 Ms Manisha Jagtap a/w Mr.Akshay Kapadia i/b J.Shekhar for respondent Nos.2 to 5.

CORAM : A.S.OKA, & P.N.DESHMUKH, JJ.

DATE : FEBRUARY 7, 2018 P.C.:

Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 to

5. The learned counsel for the respondent Nos.1 to 5 has tendered an affidavit of Shri Balaram Kondu Jadhav, Assistant Commissioner of Bhiwandi Nizampur City Municipal Corporation. In paragraph 9, it is stated that on 20th January 2018, offending structure has been completely demolished. The photographs have been annexed to the affidavit. The learned counsel for the petitioner has no instructions on this aspect.

Hence, by accepting the statement made by Shri Balaram Kondu Jadhav, Assistant Engineer in the affidavit, we dispose of the petition. If the

wp542 petitioner finds that the statement made in paragraph 9 is incorrect or false, the petitioner can always move this Court.

(P.N.DESHMUKH,J.) (A.S.OKA,J.)