Shree Raghavendra Seva Sanstha v. The State Of Maharashtra And ORS

sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2767 FO 2015 Shree Raghavendra Seva Sanstha ..Petitioner.

V/s.

The State of Maharashtra and Ors.

..Respondents.

Mr.Amol D. Joshi for the petitioner.

Mr.K.V. Saste, APP for respondent-State.

CORAM : NARESH H.PATIL AND A.M.BADAR, JJ.

DATED : 14TH MARCH, 2016 P.C. :- 1.

By filing the present petition, the petitioner is praying following reliefs :- "a) Rule be issued;

b) This Hon'ble Court further be pleased to issue a writ of Mandamus or any other appropriate writ to direct the State of Maharashtra i.e. competent authority to initiate appropriate legal action under section 3(1) of the said Act of 1981 by directing detention of slumlords to restrain them from causing harm, criminal intimidation, mental/physical harassment 1/3

threat to the life and limb of the members/occupants and public residing in the area where the said property is situated to achieve the maintenance of public order and further also be pleased to direct the Respondent to initiate proper action under section 23-A sub-section (1) of the Maharashtra Slum Areas (Improvement, clearance and Redevelopment) Act, 1971;

c) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ or direction in the nature of mandamus thereby direct the respondents Nos.1 and 2 to 5 to submit or file a detail report within a period of two months (or any other time period fixed by this Hon'ble Court) regarding amount of rent which has been collected from the members/occupants of the said structure/premises constructed illegally on the said property i.e. survey No.93 (A) Gurcharan Land, Mouje Ayre, Taluka Kalyan;

d) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ or direction in the nature of mandamus thereby direct the respondent No.3: To collect taxes (Property tax and others) directly from the tenants/residents/occupants of the said land/property and further be pleased to direct to insert their names in assessment book and also issue photo 2/3

passed on their names being the occupiers/residents of the said property."

2.

Learned counsel for the petitioner submits that the petitioner have filed Writ Petition No.9260 of 2013 seeking interim reliefs and vide order dated 1st July, 2015 this Court had directed respondent No.3 to look into the entire aspect and direct appropriate officer to file a fresh affidavit setting out time bound scheduled for implementation of Rajiv Awas Yojana Scheme. 3.

As far as the above reliefs claimed by the petitioner in this petition, in the facts of the case, we are not inclined to entertain the petition. However, the petitioner may approach the alternate forum for redressal of their grievance. 4.

Keeping all issues open, the petition is disposed of. (A.M.BADAR, J.) (NARESH H.PATIL, J.) 3/3