Mr. Vilas Rajaram Haldankar v. The State Of Maharashtra And ORS.

caw-1293.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1293 OF 2015 IN WRIT PETITION NO.11564 OF 2014 Vilas Rajaram Haldankar : Applicant/Petitioner.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. Vilas R Haldankar Applicant/Petitioner in person present. Mrs. V S Nimbalkar AGP for the Respondent Nos.1, 2 and 4. Mr. Nikhil Chavan i/by Mr. V D Patil for the Respondent No.3. Mr. Atul G Damle Senior Advocate i/by Mr. R R Lanjekar for the Respondent No.5.

CORAM :

R. M. SAVANT, J.

DATE :

09th June 2015 P.C.

The above Civil Application has been filed seeking extension of time of four weeks from 31/05/2015 to vacate the structure in question. The said time was stipulated by this Court whilst dismissing the above Writ Petition by order dated 23/4/2015. The extension of time is sought on the ground that the Petitioner has his advocates office in the structure in question. The learned Senior Counsel appearing on behalf of the Respondent No.5 tenders two photographs of the structure in question as also of the insides of the structure. The said photographs disclose that the case of the Applicant/Petitioner that he is running an office cannot be accepted. The said photographs disclose that the insides of the structure are such that it is lgc

caw-1293.15 impossible to believe that a office is run from the said premises. The photographs are taken on record and marked "X" and "Y" for identification. The above Civil Application was moved in the vacation before the Vacation Judge who by the order dated 29/5/2015 had granted time up to today i.e. 9th June 2015 to vacate the structure in question. In the said order it has been observed that the Petitioner has also filed an undertaking in terms of the order dated 23/4/2015.

It seems that the Applicant/Petitioner wants somehow or the other kill time and frustrate the orders which have been passed against him under Sections 33 and 38 of the Slums Act and the above Petition. The Writ Court obviously cannot show indulgence to such a litigant. However as and by way of a final indulgence the Applicant/Petitioner is granted time up to 30th June 2015 to vacate the structure in question. If the structure in question is not vacated by the Applicant/Petitioner by the said date, the authorities are free to act in accordance with law to get the structure vacated. With the aforesaid directions, the above Civil Application is rejected. [R.M.SAVANT, J] lgc