Mohd Haroon Abdul Gani Ansari v. The Commissioner, Bhiwandi Nizampura City Municipal Corporation And ORS

Digitally signed by VINA ARVIND KHADPE Date:

2022.03.30 14:58:15 +0530 VINA ARVIND KHADPE Vina Khadpe 1 909 wp.3340.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3340 OF 2022 Mohd. Haroon Abdul Gani Ansari .. Petitioner V/s The Commissioner, Bhiwandi Nizampura City Municipal Corporation and ors.

.. Respondents ******* Mr. Gauraj Shah a/w Samaa Shah, Nishad Nevgi, Junaid Badgujar i/b. S.N.Juris for the Petitioner.

Mr. Dilip Bodke, for the Respondent-Corporation. Mr.A. A. Alaspurkar, AGP for the Respondent-State. ******* CORAM: A. A. SAYED & ABHAY AHUJA, JJ.

DATE : 24th MARCH 2022 P.C. :- 1.

The grievance of the Petitioner is that despite the filing of Appeal and Stay Application by the Petitioner before Respondent No.4, neither the Appeal nor the Stay Application has been decided.

2.

We direct the Respondent No.4 to pass an order on the Stay Application within a period of four weeks from today. It would be open for Respondent No.4 to decide the Appeal itself.

Vina Khadpe 2 909 wp.3340.2022.doc 3.

For a period of four weeks, no action for demolition shall be taken, as we find that prior to filing the Appeal, the Petitioner had enjoyed such protection by virtue of order dated 14th March, 2018 in Writ Petition No.11210 of 2016.

4.

The Writ Petition to stand disposed of in the above terms.

(ABHAY AHUJA, J.) (A. A. SAYED, J.)