Mr. Prakash Govind Savairam v. The State Of Maharashtra, Through Public Proecutor And ORS.

by ANANT KRISHNA NAIK Date:

2021.12.18 13:54:18 +0530 ANANT KRISHNA NAIK 1/2 22.WP.10063.2017 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10063 OF 2017 Mr. Prakash Govind Savairam ...PETITIONER V/S The State Of Maharashtra & Ors.

...RESPONDENTS Mr. P. U. Tiwari for the Petitioner.

Mr. Akshay Shinde for the Respondent Nos. 3 & 4 Mr. A. I. Patel, Addl. GP for the Respondent-State. CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

16th DECEMBER, 2021 P.C.:

The Petitioner made a grievance in respect of the unauthorized construction of a temple situated at Inchalkaranji, Bhagyashri Colony, Inchalkarnji, District - Kolhapur. 2.

Learned Counsel for the Respondent-Corporation states that the Petitioner himself has made encroachment on open space which is compulsorily to be kept open.

3.

We record the statement of learned Counsel for the Respondent-Corporation that within 4 weeks from today they will survey the site including that of the Petitioner and Respondent No. 6 and take appropriate action expeditiously and in accordance AKN 1/2

2/2 22.WP.10063.2017 .doc with law.

4.

We make it clear that unless there is any order granting stay to any action being taken by the Respondent-Corporation in the suit, which is stated to have been fled by the Respondent No. 6, there would be no impediment in the Respondent-Corporation proceeding with the earlier Notice/s and further Notice/s, if any, which Notices shall be taken to its logical conclusion including the action of demolition.

5.

In light of the above, and accepting the statement of learned Counsel for the Respondent-Corporation, we dispose of the Petition.

(ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 2/2