Ashok Suryaba Aldar v. The State Of Maharashtra Through Secretary And ORS.

36-WP-13740-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13740 OF 2017 Ashok Suryaba Aldar ... Petitioner Vs The State of Maharashtra Through Secretary and Ors.

... Respondents ...

Mr. B.A.Lawate for the Petitioner.

Mr. V.S.Talkute for the Respondent No.3.

Ms. K.N.Solanki, AGP for respondent nos.1 and 2. CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE JJ.

DATE : AUGUST 20, 2019 P.C. :

Prayer of the petitioner is to direct respondent no.3Chief Officer to implement notice issued under Section 53 of the MRTP Act, 1965.

The learned AGP appearing for the respondent nos.1 and 2 and the learned counsel appearing for the respondent no.3 submits that the petitioner has already filed Civil Suit in the matter and in it, it had also obtained temporary injunction. As such, present petition is not maintainable. Shivgan 1/2

36-WP-13740-2017.odt The counsel for the petitioner states that during the pendency of the suit, adjacent owner/respondent no.4 has completed structure and hence, suit has become infructuous.. We do not find any substance in this submission. If during the pendency of the suit and in violation of interim orders, a structure has been completed, petitioner can definitely make appropriate amendments and seek all consequential reliefs.

Hence, with said liberty and keeping all the contentions of the parties open, we dispose of the petition. (SANDEEP K. SHINDE, J.) (B.P.DHARMADHIKARI, J.) Shivgan 2/2