Khurshid Abdul Shaikh v. Ayyub Manjoor Ahmed Shaikh

caw171 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.171 OF 2016 IN WRIT PETITION NO.830 OF 2014 Khurshid Abdul Shaikh ...Applicant In the matter between Ayyub Manjoor Ahmed Shaikh

...Petitioner

vs.

Municipal Corporation for the city of Bhiwandi Nizampur & Ors.

...Respondents

Mr.Ameet Palkar for the applicant Mr.Sachin Dhakephalkar for the petitioner Mr.N.R.Bubna for the respondent Nos.1 to 3.

Ms M.P.Thakur, AGP for respondent No.5 CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : JANUARY 20, 2016 P.C.:

Heard the learned counsel appearing for the applicant, the learned counsel for the respondent No.4 and the learned counsel for the respondent Nos.1 to 3. The application for regularization made by the respondent No.4 in the Writ Petition has been rejected by the order dated 16th January 2016 passed by the Bhiwandi Nizampur Municipal Corporation. A copy of the said order has been provided in the open Court to the Advocate for the applicant who is the respondent No.4 in the Writ Petition. The respondent No.4 and other occupants have given an unconditional undertaking dated 16th November 2015 to this Court stating that if the application for regularization

caw171 is rejected, within a period of six weeks from the date on which the application is rejected, he along with other occupants will hand over the possession of their respective premises to the Municipal Corporation. A copy of the order has been provided to the Advocate for the applicant in the open Court today. Thus, time of six weeks granted to the applicant and other occupants to vacate their respective premises will expire on 2nd March 2016. As the application for regularization has been rejected, the prayer made in the present application does not survive and the same is disposed of. List the main writ petition under the caption `Directions' on 7th March 2016 for considering the compliance of the undertakings.

(C.V.BHADANG,J.) (A.S.OKA,J.)