Dattatray Maruti Chavan v. The Collector Pune And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14888 OF 2022 Dattatray Maruti Chavan ... Petitioner

Versus

The Collector, Pune and Ors.

... Respondents ****** Mr. S.A. Sawant a/w Mr. A.P. Deshmukh, Mr. Digvijay Palande for the Petitioner.

YUGANDHARA SHARAD PATIL Mr. A.I. Patel Addl. G.P. a/w Ms. K.N. Solunke AGP for Respondent Nos. 1 to 5-State.

by YUGANDHARA SHARAD PATIL Date: 2022.12.13 14:39:55 +0530 ****** CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

DATE : 8th DECEMBER 2022 P.C. :- 1.

Rule. Mr. Patel learned Additional Government Pleader waives service for the respondents. Rule is made returnable forthwith. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus against respondent nos. 1 to 3 to forthwith carry out fixation and demarcation of the boundaries of the land described in prayer clause (a) of the petition. 1 /3

3.

Mr. A.I. Patel, learned Addtional Government Pleader tenders a copy of the letter dated 8th December 2022, issued to the Sr. Inspector of Police, Pimpri Chinchwad, Pune, informing that demarcation would take place on 30th December 2022. Learned Additional Government Pleader states that demarcation would by carried out in accordance with the terms mentioned in the said notice dated 8th December 2022 after giving advance notice to the adjacent plot holder. Statement is accepted. 4.

In view of the notice dated 8th December 2022 and statement made by learned Additional Government Pleader, grievance of the petitioner made in prayer clause (a) is redressed. 5.

After carrying out said demarcation of the boundaries, "C" copy be provided to the petitioner.

6.

Respondent No. 4 shall provide adequate police protection to respondent nos. 2 and 3 and staff members to carry out aforesaid demarcation on payment of requisite charges by the petitioner. 2 /3

7.

Writ petition is disposed off. Rule is made absolute. No order as to costs. Parties to act on the authenticated copy of this order. 8.

Place the matter on board for 'Compliance' on 9th January 2023.

[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3