Manisha Santosh Bhorde v. The State Of Maharashtra And ORS

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14577 OF 2023 IN WRIT PETITION NO. 8993 OF 2023 Manisha Santosh Bhorde ...Applicant In the matter between Manisha Santosh Bhorde

...Petitioner

Versus

The State of Maharashtra & Ors

...Respondents

Mr Hemant Ghadigaonkar, with Pallabi Chatterjee & Hitendra Gandhi, for the Applicant/Petitioner.

Mr AA Alaspurkar, AGP, for the Respondent-State. Digitally signed by ASHWINI GAJAKOSH Date:

2023.08.24 09:21:34 +0530 ASHWINI GAJAKOSH

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

PC:- 1.

The Interim Application No. 14577 of 2023 seeks the following reliefs:

"(a) This Hon'ble Court may kindly be pleased to allow the amendment in title of the present writ Petition by joining the proposed Respondents as party Respondent No. 4 and 5 to the said writ Petition and allow to carry out amendment in the writ Petition as per schedule -I of the present Application.

(b) That the pending the hearing and final disposal of the present interim Application, the proposed respondent No. 4 i.e. Sub-Divisional officer, be directed to decide the letter dated 09.06.2023 (Exhibit- A hereto) issued by the Respondent No. 2 and 3 within stipulated period of time as per Government Notification or any other order in the interest of justice and kindness."

2.

We permit the amendment. It is to be carried out without need of reverification by Friday, 1st September 2023. 3.

Prayer clause (b) can also be considered immediately in light of the amendment. That amendment adds the Sub Divisional Officer ("SDO") as Respondent No. 4 and what is now sought is a direction to him to decide the representation in the letter dated 9th June 2023 within a reasonable period of time. We believe such a relief should indeed be granted.

4.

The newly added 4th Respondent is directed to decide the issues raised in the 9th June 2023 letter within a period of four weeks from today. The 4th Respondent will give notice to all concerned including the Petitioner and will afford a reasonable opportunity of hearing. All the parties before the Sub Divisional Officer will cooperate and will not seek adjournments. 5.

All contentions are expressly left open.

6.

Obviously, till the representation is decided, no coercive steps in demolition should be taken. If the final decision is against the

Petitioner, no further steps will be taken for a further period of two weeks from that date.

7.

This is sufficient to dispose of the Petition itself, which the Petitioner requests.

8.

The Interim Application and the Petition are thus disposed of in these terms. There will be no order as to costs. (Kamal Khata, J) (G. S. Patel, J)