Bombay High CourtWP/9361/2018disposed off

Rashid Hasmatatulla Shaikh v. The State Of Maharashtra And ANR

2019-09-18Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Akil Kureshi2 pages

5 wp 9361 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9361 OF 2018 Rashida Hasmatatulla Shaikh ...

Petitioner versus The State of Maharashtra & Ors.

...

Respondents Ms. Neha R. Parte i/by Mr. Yuvraj Patil, for Petitioner. Ms. P.N.Diwan, AGP, for Respondent State.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE:

18th SEPTEMBER, 2019 P.C.:

The Petitioner in the above Writ Petition, has stated that she is residing at CTS No.4207 (pt), 53709 (pt) and 7643 (pt) of Village Kolekalyan, Bandra (E), Mumbai - 400 051. After the said plots of land were declared as slums, a survey was carried out by the competent authority. However, the structure of the Petitioner was not surveyed and therefore, her name was not included in Annexure II. In view thereof, she filed an Application before the Respondent No.2 in the year 2015 seeking inclusion of her name in Annexure II and for a declaration that she is eligible for accommodation as per the prevailing policy of the Government. However, the said Application was not decided by the Respondent No.2. The Petitioner therefore, filed another application in the year 2018, which is not decided by the Respondent No.2 till date. The Petitioner has therefore, filed the above Writ Petition interalia seeking SSP 1/2

5 wp 9361 of 2018.doc directions against Respondent No.2 to decide the Applications dated 18th November, 2015 and 4 th April, 2018 filed by the Petitioner. In the circumstances, the following order is passed :

(i) The Respondent No.2 shall dispose of the Applications dated 18th November, 2015 and 4 th April, 2018 filed by the Petitioner within a period of four weeks from today. It is clarified that we have not considered the merits of the case and the Applications filed by the Petitioner shall be decided on its own merits. All contentions of the parties are kept open.

(ii)The Writ Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2