Manjula Narayan Patil v. The State Of Maharashtra And 7 ORS.

Chittewan 1/2

2. WPL 1057-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1057 OF 2018 Manjula Narayan Patil ...

Petitioner

Versus

The State of Maharashtra And Others ...

Respondents .....

Mr. Ankit Dubey I/b V.R. Tripathi for the Petitioner. Ms. Uma Palsule desai, AGP for Respondent Nos.1, 2 And 5. Mr. G.W. Mattos for Respondent No.7.

Mr. Milind More for Respondent No.8-SRA.

....

CORAM : S.C.GUPTE, J.

DATE : 2 APRIL 2018 P.C. :

.

After the matter was heard on the last occasion, i.e. on 28 March 2018, and the order was dictated, learned Counsel for the Petitioners requested the Court not to sign the order and keep it in abeyance till today. Learned Counsel submitted that his client might be willing to make a statement and furnish an undertaking to vacate the suit structure within a fortnight. Accordingly, when the matter is called out, learned Counsel for the Petitioner states that his client shall vacate the suit structure and hand over peaceful possession of the same to Respondent No.6 within a period of fifteen days from today. Learned Counsel submits a sworn undertaking on the part of the Petitioner to this effect. The affidavit of Rajendra Naik, Constituted Attorney of the Petitioner herein, dated 2 April 2018, is taken on record, marked 'X' for identification. The undertaking is accepted. Respondent No.2-Deputy Collector with whom a cheque representing

Chittewan 2/2

2. WPL 1057-18.doc eleven months' rent towards the temporary transit accommodation is deposited, shall hand over the cheque to the Petitioner after the possession is surrendered by the Petitioner. In the event of the undertaking submitted by the Petitioner being breached or not complied with, Respondent No.2 will be at liberty to forthwith evict the Petitioner from the suit structure in pursuance of the impugned order. The writ petition is disposed of accordingly.

(S.C. GUPTE, J.)