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Bombay High CourtWP/8823/2015dismissed

Mr. Harishchandra Bemtya Naik And ORS v. Executive Engineer (Bldg. And Pro.) W.S., Cidco And ORS

2019-04-10Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice R.M. Borde2 pages

Vbg 23-wp-8823-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETIITION NO. 8823 OF 2015 Mr. Harishchandra Bemtya Naik and Ors.

..Petitioners.

V/s.

The State of Maharashtra & Ors.

..Respondents.

......

None for the petitioners.

Mr. R. B. Parab, for the Respondent Nos.5 to 10, 12 to 15, 17 to 24 and 26 to 28.

.....

CORAM

: R. M. BORDE & N. J. JAMADAR, JJ.

DATE : APRIL 10, 2019 PC :

1.

None appears for the petitioners.

2.

The petitioners themselves have recorded in para 30 of the petition that they are not aware as to whether any permission for development has been granted by respondent Nos.1 to 4 in favour of respondent Nos.5 to 29. In terms of prayer Clause A it has been requested by the petitioners to quash the order, if any, granting I.O.D. in respect of the

Vbg 23-wp-8823-2015 property. It appears that the petition is presented on the basis of apprehension, without confirming as to whether any cause accrues for approaching this court. It would be open for the petitioners to avail of remedies available in law as and when cause of action arises. No interference is called for at this stage.

3.

With liberty as recorded above, Writ Petition is dismissed.

(N. J. JAMADAR, J.) (R. M. BORDE, J.)