Smt. Chunni Kallan Kureshi v. The State Of Maharashtra Thru Gp High Court And ORS

(9)-WP-12179-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12179 OF 2019 Smt. Chunni Kallan Kureshi ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents Mr. Mohd. Saeed Asgar Moghul, Advocate for the Petitioner. Mr. M. M. Pabale, GP for the Respondent - State. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 21st JANUARY, 2020 P.C.

1] The case of the Petitioner is that she is a protective occupant of Room No.97, Plot No.61, Gate No.7, New Collector Compound, Malwani, Malad West, Mumbai - 400 095. The grievance is that on 27.09.2018 the staff of Respondent Nos.2 and 3 attempted to dispossess the Petitioner from the premises. 2] In what manner the Petitioner claims to be a protective occupant has not been pleaded.

3] From the pleadings in the Petition and in particular ground (xiv), it emerges that there is a Balwadi adjoining the structure wherein a room is occupied by the Petitioner and probably Respondent Nos.2 and 3 came to remove an encroachment on the BGP.

(9)-WP-12179-19.doc.

land and the structure belonging to the Balwadi center. 4] This means that the dispute relates to boundary of Plot No.61 vis-a-vis boundary of the land where Balwadi exists. 5] As drafted the Petition is loose and laconic. 6] We reject the Petition.

7] The Petitioner would be entitled to avail a remedy before the Fora where evidence can be recorded.

SMT. BHARATI DANGRE, J CHIEF JUSTICE Digitally signed by Balaji G.

Panchal Date:

2020.01.22 10:23:12 +0530 Balaji G.

Panchal BGP.