Ramdular Dudhnath Yadav And ORS v. Vasai Virar City Municipal Corporation And ORS

JAYARAJAN ANJAKULATH NAIR Date: 2022.07.25 12:40:41 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 905 WP-6453.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6453 OF 2022 Ramdular Dudhnath Yadav & Ors.

] ... Petitioners Vs.

Vasai Virar City Municipal Corporation & Ors.

] ] ... Respondents ...

Mr. Ashutosh Kaushik i/b Kaushik & Co. for the petitioners. Ms. Sati Sagvekar for respondent Nos.1 and 2-Corporation. Mr. Manoj M. Kondekar i/b Mr. Kiran S. Mohite for respondent Nos.3 to 5.

...

CORAM

: R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 20TH JULY, 2022.

P.C.:- 1.

Learned counsel appearing for the petitioners tenders a draft amendment. The draft amendment is objected by learned counsel for respondent Nos.1 and 2 on the ground that, the structure, which was the subject matter of the impugned notice is AJN

2/2 905 WP-6453.22.odt already demolished, during the pendency of the petition and that nothing survives in the petition.

2.

Learned counsel for the petitioners does not dispute that the impugned structure, which is the subject matter of the dispute, is already demolished.

3.

The petitioners, however, apprehends that their rights against the landlords would be jeopardized.

4.

In our view, nothing survives in this petition. The writ petition is accordingly disposed off as infructuous. The rights of the petitioners if any, against the landlord can be agitated in appropriate proceedings before the appropriate court. [KAMAL KHATA, J.] [R. D. HANUKA, J.] AJN