Kamal Vishwanath Sardar v. The Chief Executive Of Sra And ORS

33-WP-15421-2023.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai WRIT PETITION NO. 15421 OF 2023 Kamal Vishwanath Sardar ...

Petitioner Vs.

The Chief Executive of SRA and Others ...

Respondents Mr. Rahul B. Vijaymane for the Petitioner.

Ms. Riya John i/b. Mr. Ashok T. Gade for the Respondent No. 9. Mr. P. V. Nelson Rajan, AGP for the State.

CORAM : GAURI GODSE, J.

DATE :

1st MARCH 2024 P.C.

1.

Learned counsel for the petitioner states that after the eviction notice was issued, the petitioner had filed a reply to the eviction notice. However, he states that the petitioner was unable to file appeal as the Apex Grievance Redressal Committee (AGRC) of Maharashtra was not constituted. He submits that now the petitioner has a remedy to file the appeal as AGRC is constituted. He therefore seeks leave to withdraw the writ petition with liberty to file appeal before the AGRC. RAJESHWARI RAMESH PILLAI 1/2 RAJESHWARI RAMESH PILLAI Date: 2024.03.05 14:21:31 +0530

33-WP-15421-2023.docx 2.

Learned counsel for the petitioner relies upon order passed by this court on 5th December 2023 passed in Writ Petition No. 14927 of 2023. He submits that by the said order the other occupants are protected to enable them to file appropriate appeal. 3.

Leave granted with liberty as prayed to enable the petitioner to file appropriate appeal.

4.

No coercive steps to be taken against the petitioner for a period of six weeks from today, subject to the petitioner filing appeal within a period of four weeks from today.

5.

It is clarified that if no appeal is filed within the aforesaid time the protection granted by this order shall automatically stand vacated. 6.

Writ Petition disposed of as withdrawn with liberty as recorded above.

[GAURI GODSE, J.] 2/2