Vilas Mangal Bhoir v. Kalyan Dombivli Municipal Corporation , Through Its Commissioner And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1860 OF 2018 Vilas Mangal Bhoir.

..Petitioner.

Versus

Kalyan Dombivili Municipal Corporation and Others.

..Respondents.

Mr. Raj Patel, Ms. Vilona Shah, Mr. Dhiren Durante and Mr. Prakash Khati I/b Hariani & Co., for Respondent No. 4. Mr. S.M. Oak I/b Sagar Kasar for the Petitioner. Mr. Prashant Kamble I/b A. S. Rao for Respondent No. 1. Coram : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

Date : January 22, 2019.

P. C. :

1.

Having heard learned counsel for the respective parties, we deem it convenient to dispose of this writ petition by directing Respondent No.1-Corporation to decide the Petitioner's application / representation dated 8th December 2017 regarding the removal of encroachment / illegal Gates installed on both sides of the road by the Respondent-Corporation, copy of which is annexed at Exhibit-A to the petition, as expeditiously as possible and preferably within the period of four weeks from the date of receipt of a copy of this order. Ordered accordingly.

2.

It is made clear that this Court has not gone into merits of the matter and all points and contentions of the respective parties patilsr 1 / 2

are kept open. The Respondent-Corporation shall decide the said representation of the Petitioner on its own merits and in accordance with law. While deciding the said representation, the RespondentCorporation shall hear all concerned and shall pass speaking order and take appropriate action.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] patilsr 2 / 2