Abdul Khalique Chauhan v. State Of Maharashtra Throu. Tehsidar And Executive Magistrate Vasai And ORS

2.wp.1329.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1329 OF 2024 Abdul Khalique Chauhan .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents by UTKARSH KAKASAHEB BHALERAO Date:

2024.01.31 10:37:52 +0530 Mr.R.U. Singh a/w Shabnam Shaikh, Advocates for the Petitioner.

UTKARSH KAKASAHEB BHALERAO Ms.M.S.Bane, AGP for State-Respondent.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : JANUARY 30, 2024 P. C.

1.

The above Writ Petition is filed inter alia calling upon Respondent Nos.1 to 3 to raise the seal put up on the door of the commercial shop No.9 and 10 situated at E.M. Palace Co-operative Housing Society Limited, Navghar, Manikpur, Sai Nagar, Vasai (W) 401202, District-Palghar, Maharashtra and also to hand over the vacant physical possession of the said shops to the Petitioner. JANUARY 30, 2024 Utkarsh

2.wp.1329.2024.doc 2.

The aforesaid sealing and dispossession took place pursuant to the order passed by the Collector under Section 14 of the SARFAESI Act, 2002.

3.

The learned advocate appearing on behalf of the Petitioner fairly stated that the Petitioner has an alternate remedy by approaching the DRT under Section 17 of the SARFAESI Act, 2002. In these circumstances, he sought leave to withdraw the above Writ Petition with liberty to approach the DRT.

4.

Considering the fair stand taken by the learned advocate appearing on behalf of the Petitioner the above Writ Petition is dismissed as withdrawn with liberty as prayed. 5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B.P.COLABAWALLA, J.] JANUARY 30, 2024 Utkarsh