Mr. Abdul Bashar Khan And ANR v. The Dy. Collector ( Enc. And Rem.) Competent Auth. Andheri- I And ANR

1 / 2 928-WP-13130-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13130 OF 2018 Abdul Bashar Khan & Anr.

.... Petitioners versus The Dy. Collector (Enc. & Rem.) & Anr.

... Respondents .......

• Mr.Vidnyan Daware, Advocate for Petitioner.

• Mr.Girish Pawar, Advocate for Respondent No.2. • Mr.N.C. Walimbe, AGP for Respondent No.1/State. CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 21st NOVEMBER, 2018.

P.C. :

1.

Heard learned Counsel for Petitioners and Respondent No.2. Notice for removal of several structures has been issued only in the name of one of the Respondents. Respondent No.2 has filed proceedings regarding it before Respondent No.1. Respondent No.1 has closed those proceedings for order. 2.

In those proceedings Petitioners who claim to be in Nesarikar

2 / 2 928-WP-13130-18.odt possession of some structures, filed an Application for intervention with request to allow it and to grant him hearing. That Application, according to Petitioners, is not considered by Respondent No.1.

3.

Prayer made by Petitioners before Respondent No.1 was for only intervention. They did not plead and even now urge any personal injury. As such, no legal right is violated. We, therefore, are not inclined to intervene. Petition dismissed. No order as to costs.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)