Dhiraj Bhailal Singh v. The State Of Maharashtra And ANR

5 wp 2263 of 2019.doc SWAROOP SHARAD PHADKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2263 OF 2019 by SWAROOP SHARAD PHADKE Date: 2021.11.08 12:39:05 +0530 Dhiraj Bhailal Singh ...

Petitioner

Versus

The State of Maharashtra and Anr.

...

Respondents Mr. Rakesh Agrawal, for Petitioner.

Mrs. Jyoti Chavan, AGP, for State.

CORAM: S.J. KATHAWALLA & SURENDRA P. TAVADE, JJ.

DATE:

rd NOVEMBER, 2021 ( VACATION COURT) P.C.:

1.

The Petitioner was not found in the hut which he claims to be his, when the survey was carried out in the year 2012. The learned Advocate for the Petitioner states that he came to know about the survey and the action to be taken by the Respondent No.2 in the year 2016. The Petitioner filed the above Writ Petition in the year 2019 and since then made no Application before the regular Court for the Writ Petition to be taken up urgently and/or seeking urgent ad-interim reliefs. The Petitioner is now seeking urgent relief i.e. to restrain the Respondent No.2 from demolishing his hut, which if granted will stall the entire redevelopment project. In view thereof, no urgent relief is granted. However, all the steps taken by the SSP 1/2

5 wp 2263 of 2019.doc Respondent No.2 shall be subject to the further orders passed by this Court. 2.

The learned Advocate for the Petitioner now states that the Writ Petition may be disposed of only with a direction to the Respondent No.2 to have his hut measured before the same is demolished. Ordered accordingly. It is clarified that the Petitioner's hut will be measured without prejudice to the rights and contentions of the Respondent No 2.

3.

The Writ Petition is accordingly disposed of. ( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2