Talha Tariq Qazi v. Kalyan Dombivali Municipal Corporation And ANR

501-ASWP-6811-2023.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6811 OF 2023 Talha Tariq Qazi

...Petitioner

Versus

Kalyan Dombivali Municipal Corporation & Ors

...Respondents

Mr AY Sakhare, Senior Advocate, i/b RS Mirpury, for the Petitioner.

Mr AS Rao, for Respondents Nos. 1 & 2-KDMC.

Mr Kedar Dighe, Addl GP, for Respondent No.3- State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

26th October 2023 PC:- 1.

On written instructions, Mr Rao states that the impugned notice is being withdrawn. The impugned order dated 12th May 2023 mentioned in the Interim Application (Stamp) No. 15813 of ARUN RAMCHANDRA SANKPAL 2023 also stands withdrawn.

ARUN RAMCHANDRA SANKPAL Date: 2023.10.27 10:42:12 +0530 2.

The Petition and the Interim Application are infructuous and are disposed of accordingly.

3.

However, we clarify that the Municipal Corporation is at liberty to proceed afresh strictly in accordance with law. 26th October 2023

501-ASWP-6811-2023.DOC 4.

If the Petitioner claims that any part of his structure or property has been damaged, the Petitioner is at liberty to take appropriate steps in that regard and to adopt any available remedy except by way of a Writ Petition.

(Kamal Khata, J) (G. S. Patel, J) 26th October 2023