Ramakanth Narayan Khanolkar v. Assistant Divisional Engineer (Track) Central Railway, Byculla And ANR

WPL326_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.326 OF 2018 Ramakanth Narayan Khanolkar ...

Petitioner Vs.

Assistant Divisional Engineer (Track) Central Railway and another ...

Respondents Mr. Ranjit Shinde a/w. Mr. Ajinkya M. Udane for Petitioner. Mr. Y. R. Mishra a/w. Mr. Upendra Lokegaonkar for Respondent No.1. CORAM : R. M. BORDE & R. G. KETKAR, JJ.

DATE :

FEBRUARY 01, 2018 P.C. :

The Counsel appearing for the petitioner, on instructions, seeks leave to withdraw the Petition with liberty to avail of the alternate remedy provided under the law.

2.

Writ Petition is disposed of as withdrawn with liberty as prayed for. In order to facilitate the petitioner to approach the alternate forum and since there is eminent danger of dispossession as also the petitioner claims to occupy the premises since 1978, we direct the respondents not to take coercive action against the petitioner for a period of two weeks from today. The alternate forum shall decide the matter on its own merits and in accordance with law, without being influenced by the limited protection granted by this Court in favour of the petitioner. (R. G. KETKAR, J.) (R. M. BORDE, J.) Minal Parab 1/1