Farhat Mustafa Javied Sayed v. State Of Maharashtra And 7 ORS

(45)WPL-5864-2022.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.05.02 11:02:17 +0530 RAJSHREE KISHOR MORE ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO.5864 OF 2022 Farhat Mustafa Javied Sayed ] ..

Petitioner vs.

The State of Maharashtra & Ors.

] ..

Respondents Mr.Shreejit A. Singh for Petitioner.

Mr.L.T. Satelkar, AGP for State-Respondent Nos.1 to 4. Mr.Makarand Raut a/w Mr.Akshay Nawor for Respondent Nos.6 to 8. CORAM :

S.V. GANGAPURWALA & M.G.SEWLIKAR, JJ DATE :

29TH APRIL, 2022.

P.C.

1] The grievance of the Petitioner is that the recovery certificate issued pursuant to the orders passed by the adjudicating officer, MAHARERA is not executed by the Revenue Authorities. 2] The learned AGP submits that some steps are taken by the Revenue Authorities and notice has been issued. 3] The learned counsel for Respondent Nos.6 to 8 submits that Respondent Nos.6 to 8 have bonafide intention of paying the legitimate amount to the Petitioner. They intend to enter into settlement with the Petitioner and pay the amount by installments. 1/2

(45)WPL-5864-2022.doc 4] It is for the parties to settle the matter amongst themselves. The parties may explore the possibility of settlement. 5] If the settlement is not arrived at between the parties within two months from today, then the Revenue Authorities shall take steps to implement the recovery certificate issued pursuant to the orders of MAHARERA in accordance with law by attaching and sale of properties, of course, subject to other charge over the properties, if any. The said steps shall be taken immediately after lapse of two months, of course, if the settlement is not arrived at between the parties.

6] Writ Petition is disposed of. No costs.

[M.G.SEWLIKAR, J] [S.V.GANGAPURWALA,J] 2/2