Satyanarayan Rajesham Bhandari v. The State Of Maharashtra Thr Its Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1005 OF 2024 Satyanarayan Rajesham Bhandari .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents Mr.Sumit Kothari a/w Gautam Jain, Advocates for the Petitioner.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.03.08 16:45:15 +0530 UTKARSH KAKASAHEB BHALERAO Mr.A.I. Patel, Addl. G.P. a/w M.S.Bane, AGP for State/Respondent.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 07, 2024 P. C.

1.

The above Writ Petition is filed seeking a direction to the Tahsildar, Bhiwandi to raise the attachment levied on Room No.313, Ward No.4, Bhandari Compound, Near Shankar Mandir, Narpoli Bhiwandi, District Thane.

2.

According to the Petitioner, the attachment of this room is done by the Tahsildar to execute a recovery certificate. However, the said recovery certificate is not against the Petitioner but against some other person.

3.

In the above Writ Petition, Respondent Nos.1 to 3 have filed their affidavit-in-reply dated 5th March, 2024. In the reply, the State has accepted that they have wrongly attached Room Nos.312 and 313 and they have even taken corrective steps to unseal the aforesaid two premises. For the sake of convenience paragraph 7 of the said affidavit is reproduced hereunder:- "7.

I respectfully submit that after receipt of the aforesaid report dated 4.3.2024, the Respondent No.2 has understood their bonafide mistake and in order to take corrective measure, the Respondent No.2 directed the concerned staff to immediately unseal the House No.312/0 and House no.313/0. I respectfully submit that accordingly the concerned office staff has removed the seal of the House No.312/0 and House no.313/0 and they have submitted their report dated 5.3.2024 to the Respondent No.2. Hereto annexed and marked as Exhibit-B is a copy of the said report dated 5.3.2024." 4.

In light of the affidavit filed by the State, and which is dated 5th March 2024, we find that the grievance made in the above Petition is

now redressed. The Writ Petition is therefore disposed of. However, there shall be no order as to costs.

5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]