Mewalal Bacchan Kanojia v. State Of Maharashtra And 2 ORS

(907)-WPL-894-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.894 OF 2016 Mr. Mewalal Bacchan Kanojia Through C/A Nasir Husein Talib Husein ..Petitioner

Versus

State of Maharashtra and others ..Respondents Mr. A. R. Bhatt for the Petitioner.

Mr. Mohit Jadhav, AGP for the Respondent Nos.1 to 3. CORAM : R. M. SAVANT, J.

DATE : 28th SEPTEMBER, 2016 P.C.

The writ jurisdiction of this Court is invoked against the notice dated 17.03.2016 issued by the Tahsildar (Encroachment/ Removal), Malad, Mumbai, under Section 50 of the Maharashtra Land Revenue Code (For short "MLRC"). The Petitioner has rushed to this Court without even replying to the said notice. It is the contention of the Petitioner that earlier a notice was issued under the Slum Act, in respect of which notice the Petitioner had filed replies etc. It is further the case of the Petitioner that having issued the notice under the Slum Act, the instant notice has been issued under Section 50 of the MLRC. In my view, it is not necessary for this Court to enter into the said aspect. It is open for the Petitioner to file a reply to the impugned BGP.

(907)-WPL-894-16.doc.

notice and take such grounds as are available to him in law. Even after Tahsildar passes an order, the Petitioner has remedies by way of Appeals and Revisions before the higher officers under the MLRC. In that view of the matter, no case for interference in the writ jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] BGP.