Anil Kumar Lallan Prasad Bind And ORS v. Tehsildar I Slum Rehabilitaion Authority And ORS

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11251 OF 2023 Anil Kumar Lallan Parsad Bind & Ors.

...Petitioners

V/s.

Tehsildar - 1 [Special Desk]

...Respondents

Slum Rehabilitation Authority & Ors.

Mr. Rajkumar Awasthi a/w Mr. Fayzan Khan, Mr. Arman Parve, Bushra Sayed i/b Ms. Pragya Mishra, for the Petitioners.

Mr. Shardul Singh a/w Saloni Shah i/b DSK Legal, for the Respondent No.3.

Mr. Chirag Modi a/w Mr. Parth Jain, for Respondent No.4. CORAM :

MADHAV J. JAMDAR, J.

DATED :

SEPTEMBER 07, 2023 P.C.:

1.

The Petitioners in this Writ Petition are challenging the order dated 30th August 2023 passed by the Tahsildar-1 [Special Desk]-Slum Rehabilitation Authority.

2.

By the said order, eviction order has been passed against the Petitioners and they have been directed to vacate the premises within a period of seven days.

3.

Learned counsel appearing for the Petitioners states that the Appeal is filed before the A.G.R.C., however, the Appeal is not yet numbered.

4.

The prayer clause [A] in the Writ Petition is as follows :

"A] That, this Hon'ble Court exercising powers under Article 227 of the Constitution of India, 1950 may be pleased to quash and set aside the impugned order bearing No. TEH-1 Sp. Desk/3338/23/Kavi-38723 dated 30.08.2023 passed by Tehsildar - 1 [Special Desk], Slum Rehabilitation Authority and this Hon'ble Court may be further pleased to grant the interim protection by staying the impugned order dtd 30.08.2023 till the Appeal is listed and heard by the Apex GRC;"

5.

The Petitioners have sought very limited prayer that the impugned order be not implemented till the Appeal is listed and heard by the A.G.R.C.

6.

Learned counsel appearing for Respondent No. 3 states that, the matter is placed before the A.G.R.C. as there is an Interim Application filed by Advocate Mr. Anil S. Wagh dated 6th September 2023 who appears for the Petitioners. 7.

Accordingly, the Writ Petition is disposed of in the following terms :

(i) The A.G.R.C. is requested to dispose of either the Interim Application seeking stay and/or the main Appeal challenging the legality and validity of the order dated 30th August 2023 within a period of 30 days from today.

(ii) Till the Interim Application and/or the main Appeal is decided; whichever is earlier, the said impugned order of eviction dated 30th August 2023 shall not be

executed.

(iii) The Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]