Sitaram Bhikaji Waghmare v. Chief Executive Officer Sra And 4 ORS.

911 wpl 804 of 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.804 OF 2020 Sitaram Bhikaji Waghmare ...

Petitioner versus Chief Executive Officer, SRA and Ors.

...

Respondents Ms. Sanjukta Dey, for Petitioner.

Mr. Abhijit Desai i/by Desai Legal, for Respondent No.1. Ms. K.H.Mastakar, for MCGM.

Mr. Chetan Raithatha, for Respondent No.5.

CORAM: S.J. KATHAWALLA & R.I.CHAGLA, JJ.

DATE:

th MARCH, 2020 P.C.:

1.

By the above Writ Petition, the Petitioner seeks the following reliefs : "(a)That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India and direct the Respondents to decide upon the Submission dated 05-032020 filed by the Petitioner being Exhibit H to the present Petition within such time bound period as this Hon'ble Court may deem fit; (b) This Hon'ble Court may be pleased to issue a writ of mandamus or any other writ in nature of mandamus thereby directing the Respondents not to take any coercive steps in respect of the said structure on the said premises belonging to the Petitioner without following due process of law;"

SSP 1/2

911 wpl 804 of 2020.doc 2.

The Deputy Collector (ENC/REM) shall hear the Petitioner and dispose of the representation dated 5 th March, 2020 addressed to him by the Petitioner (Exhibit H to the present Petition) within a period of one week from today. 3.

Until the Deputy Collector (ENC/REM) decides the representation of the Petitioner, no further coercive action shall be taken against the Petitioner. 4.

The Writ Petition is accordingly disposed of. 5.

All concerned to act on an ordinary copy of this order duly authenticated by the Private Secretary of this Court.

( R.I.CHAGLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/2