Shri. Santosh Dnyandev More v. Baramati Municipal Council Through Chief Officer And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11212 OF 2016 Santosh Dnyandev More.

..Petitioner.

Versus

Baramati Municipal Council and Another.

..Respondents.

Mr. A. P. Kulkarni i/b Mr. Manoj Badgujar for the Petitioner. Mr. S. R. Nargolkar for Respondent No. 1.

Mr. L. S. Deshmukh for Respondent No. 2.

Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : January 8, 2018.

P. C. :

1.

Heard the learned Counsel appearing for the respective parties. Petition is filed seeking directions to Respondent No.1 to demolish the unauthorised structure as per notice dated 7th May 2016. The said notice was issued by the Chief Officer of Respondent No.1 to Respondent No. 2, invoking the provisions of section 53(1) MRTP Act. The grievance of the Petitioner is that despite this notice, no further action is taken.

2.

On behalf of Respondent No.1, affidavit is filed by the Chief Officer of Municipal Council on 11th August 2017. In paragraph 5, statement is made on oath that appropriate action in pursuance to the said notice shall be taken by Respondent No.1 within the time prescribed by this Court. In view of the statement, in our view, the patilsr 1 / 2

Petitioner's grievance no more survives.

3.

We accordingly dispose of this writ petition by directing Respondent No.1 to take appropriate action in pursuance of the said notice as expeditiously as possible and at any rate within the period of four weeks from the date of receipt of a copy of this order. 4.

Petition stands disposed of.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] patilsr 2 / 2