N.J. Kasat And ORS v. State Of Maharashtra Thr. Ministry Of Energy And Irrigation Dept. And ORS

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.10.16 19:52:10 +0530 23 wp 6726 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6726 OF 2021 N.J.Kasat and Ors.

...

Petitioners

Versus

State of Maharashtra and Ors.

...

Respondents Mr. Ruchir Tolat with Mr. Vishal Acharya, Ms. Nidhi Boriya, for Petitioners. Mrs. S.D.

Vyas, 'B' Panel Counsel, for State.

CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE :

th OCTOBER, 2021 P.C. :

1.

In our view, the main prayer in the Writ Petition has become infructous in view of the demolition being already carried out on 5 th October, 2021. Even otherwise, the Writ Petition involves various disputed questions of fact. Infact, the learned Advocate for the Petitioners admits that they have not paid rent regularly in respect of the subject galas to the Government since the year 2013. 2.

Despite the aforesaid, we allow the Petitioners to file their representation/s before the Collector, Satara within a period of one week from today to voice their grievance qua the demolition already carried out. The Collector, Satara shall hear the Petitioners and / or their Advocates and after considering the documents produced by the Petitioners, dispose of their representation/s strictly on SSP 1/2

23 wp 6726 of 2021.doc merits within a period of three weeks thereafter. All contentions of the parties are kept open.

3.

The learned Advocate for the Petitioners now states that the Petitioners be allowed to make a representation/s within a period of two weeks instead of one week from today. In view thereof, the Petitioners may file their representation/s before the Collector, Satara within a period of two weeks from today and the Collector, Satara shall dispose of the same after hearing the Petitioners and/or their Advocates, within a period of three weeks thereafter.

4.

The Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2