Lata P. Shetty v. Municipal Corporation Of Gr Mumbai And ORS

Sr.No.7 WP 790.13 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 790 OF 2013 Lata P. Shetty ..Petitioner

Versus

Municipal Corporation of Gr.Mumbai and ors.

..Respondents Mr. Pradeep M. Havnur, advocate for the petitioner. Mr. Mohit Jadhav along with Ms. Waghmare, advocates for respondent Nos. 1 to 5.

Mr. J. P. Yagnik, learned APP for the State.

CORAM : RANJIT MORE, DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 16th JANUARY, 2017.

P. C. :

Heard Mr. Havnur, learned counsel for the petitioner and Mr. Yagnik, learned APP for the State. Perused the affidavit dated 21st December, 2016, filed by the Inspector of Police, Chunabhatti Police Station, Mumbai. Following averments are made in paragraph Nos. 5, 6 and 7 :

"5.

I say that apart from that a notification dated 04.07.2014 vide O.W. No.1232/2014 was issued by the Additional Commissioner of Police, Traffic Branch, Mumbai was flashed for Generator Vans, Private Buses, Jeeps, Tempos, four wheelers, three wheelers and heavy vehicles for not to park behind the roads. Accordingly a press note was also published.

Shubhada S Kadam 1/2

Sr.No.7 WP 790.13 6.

I say that from 10.10.2016 onwards in the said area, with the help of local police station, a team consisting of 02 Police Sub Inspectors and 03 Policemen is engaged to comply the aforesaid order for initiating action against erring vehicles. I, further say that to put the factual position as on today the photograph dated 24.10.2016 and 08.12.2016 are annexed hereto and marked as Annexure "A" colly are the said photographs. 7.

I say that the aforesaid action has been carrying on as per the orders of Collector, Mumbai Suburbans and Additional Commissioner of Police, Traffic Branch, Mumbai and the said action would be continued in future also with the help of Traffic Police and Local Police. I further say that apart from that CCTV cameras have been installed in the said area and monitoring is also going on for the same."

Reading of the above averments makes it clear that assurance is given by the Inspector of Police, Chunabhatti Police Station, Mumbai, to implement the orders passed by the Collector, Mumbai Suburbans and Additional Commissioner of Police, Traffic Branch, Mumbai. We accept the said statements.

2.

Mr. Havnur, learned counsel for the petitioner, in view of the above averments which we have accepted, fairly states that the grievance of the petitioner, at present, no more survives. 3.

In view of the above, the writ petition is disposed of. (DR. SHALINI PHANSALKAR-JOSHI) [RANJIT MORE, J.] Shubhada S Kadam 2/2