Shri. Yashwant Ragho Jadhav v. The Additional Collector (Encroachment And Removal) Eastern Suburb Mumbai And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10511 OF 2014 Yashwant R. Jadhav

...Petitioner

V/s.

The Additional Collector (E & R), Mumbai & Ors.

...Respondents

Mr.Suresh Rajeshwar for the Petitioner.

Mr.S.H. Kankal, A.G.P. for the State - Respondent Nos.1, 2 and 4. CORAM : R.D. DHANUKA, J.

DATE : 6TH AUGUST, 2018.

P.C. :- 1.

The remedy of the petitioner to challenge the impugned order dated 18th July,2014 passed by the learned Additional Collector under section 35(1) of the Maharashtra Slum Area (Improvement, Clearance & Redevelopment) Act, 1971 (for short "the said Act") would be before the Grievance Redressal Committee constituted by the State Government under section 35(1A) of the said Act. 2.

Learned counsel appearing for the petitioner seeks liberty to withdraw this petition with liberty to file an appeal under section 35(1A) of the said Act within four weeks from today. 3.

The writ petition is dismissed as withdrawn with liberty as prayed. If an appeal is preferred by the petitioner under section 35(1A) of the said Act before the Grievance Redressal Committee, 1/2

1-wp10511-14.doc the Grievance Redressal Committee shall consider the plea of the petitioner under section 14 of the Limitation Act on the ground that the petitioner was prosecuting this writ petition in this Court with good faith and due diligence. It is made clear that this Court has not expressed any views on the merit of the matter. All the contentions on merits are kept open.

(R.D. DHANUKA, J.) 2/2