Smt. Vidya Suryakant Mali And ANR v. State Of Maharashtra Thr Tsecretary Urban Development And ANR

24-wp-14894-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14894 OF 2022 Smt. Vidya S. Mali & Another ..

Petitioners.

v/s.

State of Maharashtra & Others ..

Respondents.

Mr. Prashant P. Kulkarni, for the Petitioners. Mr. Akshay Shinde with Mrs. Nisha Mehra, AGP, for Respondent No.1State. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.12.08 12:27:33 +0530 CORAM: S.V. GANGAPURWALA & S.G.CHAPALGAONKAR,JJ.

DATED : 6th DECEMBER, 2022.

SMITA RAJNIKANT JOSHI P.C:- We are not convinced with the submissions of learned Counsel for the Petitioners for exercising our powers under Article 226 of the Constitution of India.

The grievance of the Petitioners is that the Respondent No.3 has carried out the construction on the plot of the Petitioners' property. As far as the illegal un-authorized construction is concerned, it is for the Respondent No.2 to take steps in accordance with law. The Petitioners have also filed Civil Suit, but the same is pending. It is submitted that the order of status-quo is passed and the person carrying out un-authorized construction has violated the statusquo order. The Petitioners has a remedy available for flouting the order of the Court. It is for the Petitioners to take steps. S.R.JOSHI

24-wp-14894-2022.doc The Petitioners may take appropriate steps before the Court as permissible under the law.

All contentions kept open.

Writ Petition disposed of. No costs.

(S.G.CHAPALGAONKAR,J.) (S.V.GANGAPURWALA,J.) S.R.JOSHI