Fatima Shabbir Sayyed v. The State Of Maharashtra And Another

rrpillai 902-wpl-1586-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1586 OF 2016 Fatima Shabbir Sayyed ....Petitioner vs.

The State of Maharashtra & Ors.

....Respondents .......

Mr.Kartik I. Khandelwal for the Petitioner.

Mr.Mohit Jadhav, AGP for Respondent No. 1 & 2. Mr.Shahaji Jadhav, Revenue Inspector present. .......

CORAM : SHANTANU S. KEMKAR & M.S.KARNIK, JJ.

DATE : 17th JUNE, 2016.

P.C.:

1.

Parties to their Counsel. Mr.Shahaji Jadhav, Revenue Inspector present in person. Grievance of the petitioner is that though Review petition has been filed by the petitioner under section 258 of the Land Revenue Act in respect of the order dated 31st May, 2016, but the Competent authority of the respondent has not passed any order on that and on the other hand the respondent are proceeding to demolish the petitioners structure.

rrpillai 902-wpl-1586-2016 2.

Learned Counsel appearing for the respondent - State submits that the petitioners Review application will be considered and appropriate decision will be taken on it within three weeks time.

3.

In view of the aforesaid, we are inclined to dispose of the petition with liberty to the petitioner to file before the said authority before whom she has filed the review, a further application for grant of interim protection within a week from today. On receipt of it the authority shall consider the same or review itself within three weeks.

3.

Till the application or the review is decided and thereafter for a period of one week the respondent shall not demolish the structure in question. The Petition is disposed of. [M.S.KARNIK, J.] [SHANTANU S. KEMKAR, J.]