Arun Dattatray Gaikwad And ORS v. Kalyan Dombivali Municipal Corporation Thr. Commissioner And ORS

920-ASWP-15280-2022.DOCX Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15280 OF 2022 Arun Dattatray Gaikwad & Ors

...Petitioners

Versus

Kalyan Dombivali Municipal Corporation & Ors

...Respondents

Ms Ashwini Jadhav, with Jagdish Reddy, for the Petitioners. Mr Sandip D Shinde, for the Respondent - KDMC. Mrs Rupali Shinde, AGP, for the Respondent -State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

20th October 2023 PC:- 1.

We permit the Petitioners to withdraw the Petition with liberty to file suit because it appears to us that there are private disputes between the Petitioners and 4th Respondent. We are told that 4th Respondent had filed a suit but had withdrawn it. On behalf of the Kalyan Dombivali Municipal Corporation ("KDMC") we are told that after the Municipal Corporation gave Respondent No 4 a notice, he himself removed the plinth structure and the Galvanized Iron Sheets being used as a roof cover. Now the case is that the 4th Respondent is using tarpaulin or cloth covering. This is a matter for a civil court not a writ court.

20th October 2023

920-ASWP-15280-2022.DOCX 2.

The Petition is disposed of with these liberties. No costs. (Kamal Khata, J) (G. S. Patel, J) SUMEDH NAMDEO SONAWANE by SUMEDH NAMDEO SONAWANE Date: 2023.10.23 13:31:34 +0530 20th October 2023