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Bombay High CourtWP/2664/2022disposed off

Aslam Mehandi Hassan Khan Thr. Poa Naushad Mehandi Sassan Khan v. State Of Maharashtra Thr. Gp And ORS

2022-03-09Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

501-502-ASWP-2664-2022 WITH WP-2659-2022.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2664 OF 2022 Aslam Mehandi Hassan Khan

...Petitioner

Versus

State of Maharashtra through GP & Ors

...Respondents

WITH WRIT PETITION NO. 2659 OF 2022 Babumiya Abdul Gafoor Kawal

...Petitioner

Versus

State of Maharashtra through GP & Ors

...Respondents

Mr Ajaykumar Upadhyay, for the Petitioner.

Mr KS Thorat, AGP, for Respondent-State.

Mr Akshay Shinde, for MMRDA.

ASHWINI HULGOJI GAJAKOSH

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

9th March 2022 PC:- by ASHWINI HULGOJI GAJAKOSH Date: 2022.03.09 15:48:18 +0530 1.

The Petitioners state that they are being sought to be evicted by the MMRDA, the 6th Respondent, from Permanent Alternative Accommodation. MMRDA has placed a lock and seal on the premises. The Petitioners' belongings are within the premises. The Petitioners have filed Appeals before the AGRC. On behalf of 9th March 2022

501-502-ASWP-2664-2022 WITH WP-2659-2022.DOC MMRDA a statement is made that whenever such an Appeal is filed there is an automatic stay against further proceedings. The main prayer in the Petition is for an expeditious disposal of the Appeals. We will expedite the disposal by the Grievance Redressal Committee ("GRC") of the Appeals mentioned in prayer clause (a) of both Petitions.

2.

In the meantime, the seals and locks placed by the MMRDA on the front doors of the premises and on every other door are to be removed forthwith. The Petitioners are to be put back in possession. 3.

We accept the undertakings of the Petitioners not to create any third party rights, part with possession or create any encumbrances over the units in question.

4.

The Petitions are made absolute in these terms. There will be no order as to costs.

5.

All contentions before the GRC are kept open. (Madhav J. Jamdar, J) (G. S. Patel, J) 9th March 2022