Mubin Abbas Hetavkar v. The Ward Officer, E Ward And 4 Other

by CHITRA SANJAY SONAWANE Date:

2023.03.23 10:26:09 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane.

15-IA-1166-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1166 OF 2023 IN WRIT PETITION NO.4891 OF 20 22 Mubin Hetavkar ....

Applicant.

Versus

The Ward Officer & Ors.

...

Respondents.

.....

None for the Applicant.

Mr. AY Sakhare, Sr. Advocate a/w Ms Vandana Mahadik a/w Kunal Waghmare for MCGM.

Mr Amit Shastri, AGP for State.

.....

CORAM: G.S.KULKARNI & R. N. LADDHA, JJ.

DATE : 20 MARCH, 2023.

P.C. :- This interim application is filed in a disposed of writ petition (L) No.33834 of 2022. Said petition was disposed of by the Coordinate Bench of this Court (Coram :S.V.Gangapurwala & Arif S. Doctor, JJ.) by order dated 23.11.2022 which reads thus:

1. The learned Counsel for the Respondent Corporation, on instructions, submits that if some illegality is noticed, the Corporation would take action with regard to the subject matter of the present writ petition.

Chitra Sonawane.

15-IA-1166-2023.doc

2. In view of the said statement, the writ petition is disposed of.

2.

Present application has been filed praying for following reliefs.

"a. The Respondent No.1 to 3 may be directed to comply with the statement dated 23.11.2022 made by the Advocate for the Respondent No.1 to 3 before this Hon'ble Court and take appropriate action against illegal cooking activities and remove the illegal construction in accordance with law.

b. Such other and further reliefs be granted as the nature and circumstances of the case may be require."

3.

Considering the prayers made in the application, as also considering the order dated 23.11.2022, passed by the Division Bench of this Court, it may not be possible for this Court to entertain such prayer.

4.

The interim application is, accordingly, dismissed. 5.

No costs.

[R. N. LADDHA, J.] [G. S. KULKARNI, J.]