Shri Vivek Bharmanand Shinde v. State Of Maharashtra Represented By Govt. Pleader And ORS

1 of 2 CAW(L).30368.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STMP) NO.30368 OF 2016 IN WRIT PETITION NO.8746 OF 2016 Vivek Bharmanand Shinde Applicant versus State of Maharashtra and others Respondents Mr.Sanjeev Punalekar for Applicant.

Mrs.Aparna Vhatkar, AGP, for Respondents-State. CORAM : PRAKASH D. NAIK, J.

(Diwali Vacation Court) DATE :

1st November 2016 PC :

1.

The Applicant had preferred Writ Petition No.8746 of 2016. The said petition is pending. During pendency of the said petition, the Applicant had received notice dated 7 October 2016. It is stated by learned counsel for Applicant that an action will be initiated against the Applicant's petrol pump under Section 376A of Maharashtra Municipal Corporations Act and that the premises will be sealed. Learned advocate for Applicant pointed out that in Writ Petition No.8746 of 2016, identical notices were challenged by him and Division Bench of this court had granted interim protection that no coercive steps be initiated in relation to said notices dated 29 June 2016 and 18 July 2016 respectively. It is submitted that present notice is also identical to the earlier notices. Hence, civil application has been filed to amend the petition and to seek interim relief of stay of impugned notice dated 7 October 2016 issued against Applicant.

2 of 2 CAW(L).30368.2016 2.

Taking into consideration aforesaid circumstances and considering the fact that interim protection was granted earlier, I am inclined to grant interim protection to the Applicant till next date of hearing.

3.

Ad-interim relief in terms of prayer clause (b) till 28 November 2016. Amendment to be carried out within two weeks from today. Stand over to 28 November 2016.

(PRAKASH D. NAIK, J.) MST