Mr. Deepak Tukaram Joshi v. The Addl. Collector (Enc. And Rem.) And ORS.

17-wp4195-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4195 OF 2017 Deepak T. Joshi

...Petitioner

V/s.

The Additional Collector (E & R) & Ors.

...Respondents

Mr.A.N. Giri for the Petitioner.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1 and 2. Mr.Harshad Inamdar for the Respondent Nos.3 (a), (b) and (c). CORAM : R.D. DHANUKA, J.

DATE : 14TH AUGUST, 2018.

P.C. :- 1.

In my view an appeal is maintainable against the impugned order dated 18th January, 2017 passed by the learned Additional Collector (Encroachment).

2.

Learned counsel appearing for the petitioner seeks liberty to withdraw this writ petition with liberty to file an appeal under section 35 (1A) of the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971 within one week from today. The statement is accepted.

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17-wp4195-17.doc 3.

The writ petition is dismissed with liberty as prayed. A copy of the appeal proceedings shall be served upon the respondent nos.3a to 3-c within one week from the date of filing of the said appeal. 4.

Learned Grievance Redressal Committee shall dispose of the said appeal expeditiously and not later than four months from the date of the first hearing. The petitioner as well as the respondent nos.3-a to 3-c will not ask for any unnecessary adjournment before the Grievance Redressal Committee. It is made clear that this Court has not expressed any views on the merits of the matter. All the contentions on merit are kept open.

5.

All the parties as well as the learned Authority to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2