Bankim Meghji Mota And 6 ORS. v. The State Of Maharashtra And 4 ORS.

psv 40-wp 2473-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2473 OF 2015 Bankim Meghji Mota & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. S.M. Shettigar for the Petitioners.

Mr. V.S. Upadhyay, AGP for the Respondent Nos.1 and 4. Ms. Pallavi Thakar for the Respondent Nos.2 and 3. Mr. Vaibhav Sugdare i/b M/s. Mahimtura & Co. for the Respondent No.5.

CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 16th JUNE, 2017 P.C.

1.

It is not in dispute that the building, which is the subjectmatter of this petition, has been demolished on 31st October 2015. Learned Counsel for the petitioners, on instructions of the petitioner nos.2 and 6, states that the petitioners do not desire to prosecute this petition. Accordingly, the petition stands disposed of as withdrawn as far as the said two petitioners are concerned. 2.

Learned Counsel appearing for the petitioners submits that the building was demolished contrary to the ad-interim order passed by this Court as well as in breach of guidelines issued by this Court in Writ Petition (L) No.1135 of 2014.

psv 40-wp 2473-15 3.

Now, it is for the petitioners to file appropriate proceedings in accordance with law for challenging order and action of demolition. Hence, the petition is disposed of by keeping the remedy of the petitioners (except the petitioner nos.2 and 6) expressly open.

(SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)