Karthik Govardhan Shetty v. The State Of Maharashtra And ANR

1/2 19.wp.256.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 256 OF 2015 Karthik Govardhan Shetty ....Petitioner V/S The State Of Maharashtra & Anr.

...Respondents

Mr. P. J. Thorat for the Petitioner.

Amit Shashtri, AGP for the Respondent Nos 1 and 2-State. CORAM :

A. A. SAYED & PRAKASH D. NAIK, JJ.

DATED :

25th September, 2019 P.C.:

In the Afdavit-in-Reply fled by the Respondent No. 2-Dy. Collector (ENC./REM.) in paragraph no. 7, it is specifcally averred as follows:

"7. I say that though the land belongs to private land and not the Government land, this ofce is not going to act on Notice dated 10.02.2010 issued by Respondent No. 2. I say that by letter dated 23.12.2014 Mumbai Municipal Corporation had given a letter to me mentioning that encroachment have to be removed under section 351 of Mumbai Municipal Corporation Act. I say that now dispute is between Mumbai Municipal Corporation, Petitioner and Kumbhar Kala Co-op. Housing Society Ltd.'

AKN 1/2

2/2 19.wp.256.2015.doc 2.

In view of the categorical statement in the aforequoted paragraph 7 of the Afdavit-in-Reply fled on behalf of the Respondent No. 2- Dy. Collector (ENC./REM), that the Notice dated 10.02.2010 is not to be acted upon, the Petition stands worked out. Hence, the Petition to stand disposed of. (PRAKASH D. NAIK,J.) (A.A.SAYED, J.) AKN 2/2