Tukaram Shankar Gurav v. Sham Shivram Vetal And ORS
SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.10.29 15:17:44 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2452 OF 2021 Dnyaneshwar Tukaram Pingale ...
Petitioner
Versus
Sham Shivram Vetal and Ors.
...
Respondents WITH INTERIM APPLICATION NO.2091 OF 2021 WITH WRIT PETITION NO.3632 OF 2021 Tukaram Shankar Gurav ...
Petitioner versus Sham Shivram Vetal and Ors.
...
Respondents WITH INTERIM APPLICATION NO.2095 OF 2021 WITH WRIT PETITION NO.4553 OF 2021 Sham Shivram Vetal and Anr.
...
Petitioner versus The State of Maharashtra and Ors.
...
Respondents Mr. Abhishek Deshmukh with Mr. Digvijay Palande for Petitioners in WP 2452 of 2021 and 3632 of 2021.
Mr. C.K.Bhangoji, for Petitioners in WP 4553 of 2021. Mr. Sachin Kadam, for Applicants in IA 2091 and 2095 of 2021. Mr. A.A.Kukbhakoni, Advocate General with Mr. P.P.Kakade, Govt. Pleader with Mr. P.G.Sawant, AGP, for State.
Mr. K.J.Phakade, for Respondent No.1.
CORAM:
S.J. KATHAWALLA & MILIND N. JADHAV, JJ.
DATE :
22nd OCTOBER, 2021 SSP 1/3
P.C. :
1.
On 1st October, 2021 this Court passed the following order : "Perused the Order dated 21st September, 2021. The learned Advocate General has informed us that the said order is complied with in its entirety, save and except that he has urged the Petitioner in Writ Petition No.3632 of 2021 to inspect Plot No.14A and accept the same if found suitable. The Advocate representing the Petitioner in Writ Petition No.3632 of 2021 has agreed to do the needful. The Learned Advocate General has also informed us that as far as the unauthorized construction put up by Sham Shivram Vetal on Plot No.15 is concerned, the authority shall take action and demolish the unauthorized construction after 8th October, 2021. The statement is accepted. Stand over to 22nd October, 2021."
2.
Today the learned Advocate General has produced photographs showing that the unauthorized construction put up by Shri Sham Shivram Vetal is demolished in its entirety. He has also pointed out that the Petitioner in Writ Petition No.3632 of 2021 has after inspecting Plot No.14A, confirmed in writing that the said plot is acceptable to him and the same be transferred in his favour. The statements are accepted. The name of the Petitioner in Writ Petition No.3632 of 2021 shall be corrected in the allotment letter and shown as 'Tukaram Shankar Gurav' instead of 'Shankar Tukaram Gurav'. The correction shall be carried out on or before 30th October, 2021. The possession of Plot No.14A as well as necessary entry in the revenue records as regards the said Plot, shall be carried out within a period of two weeks from today.
SSP 2/3
3.
The above Writ Petitions are accordingly disposed of. The Interim Applications also stand disposed of.
4.
We record our appreciation for the assistance rendered to this Court by the Learned Advocate General, in the absence of which it would not have been possible for this Court to resolve the issues raised in the above Writ Petitions. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 3/3