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Bombay High CourtWP/1558/2017

Aslam Shaikh v. State Of Maharashtra And 2 Others

2017-09-06Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

15_wp_1558_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1558 OF 2017 Aslam Shaikh s/o. Akhtar Hussain Shaikh

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. C.K. Tripathi with Ms Bhagyashree Gawas for the Petitioner.

Mr. V.P. Sawant for MHADA for the Respondent Nos.2 and 3. Mr. Hemant Haryan, AGP for the Respondent No.1-State. CORAM : SHANTANU KEMKAR & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 6th SEPTEMBER, 2017.

P.C.:- By this Petition filed under Article 226 of the Constitution of India, this Petitioner has alleged inaction on the part of the Respondent Nos.2 and 3 in not making allotment of room in Master list building in lieu of old Room No.3 situated on the 1st floor at Building No. 107, 2nd lane, Kamathipura, Bombay 400 108, which was acquired by the Respondent Nos.2 and 3 from the Petitioner in 1976 from Petitioner's father.

2.

The learned counsel for the Petitioner submits that for the Megha 1/2

15_wp_1558_2017.doc aforesaid relief the Petitioner made several representations including last representation dated 4.4.2016 (Exhibit-A) before the Executive Engineer of the 2nd Respondent but till date said representation has not been considered and decided. Prayer has been made by the learned counsel for the Petitioner to dispose of the Petition by directing the Executive Engineer of the 2nd Respondent to decide the said representation dated 4.4.2016 at Exhibit A as expeditiously as possible. 3.

The learned counsel for the Respondent Nos.2 and 3 submits that the Petitioner's representation would be decided by the Executive Engineer of the 2nd Respondent and appropriate decision in accordance with law will be taken by the Executive Engineer within a period of three months from the date of receipt of copy of this order. 4.

In view of the aforesaid, we dispose of the Petition by directing the Executive Engineer of the Respondent No.2 to take appropriate decision on the above mentioned Petitioner's representation within a period of three months from the date of receipt of copy of this order.

(ANUJA PRABHUDESSAI, J.) (SHANTANU KEMKAR, J.) Megha 2/2