Sameer Fazle Kadar Khan And 2 ORS. v. State Of Maharashtra Through Secretary, (Ministry Of Revenue Dept. )3 ORS.

9.3618.19-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION BASAVRAJ GURAPPA PATIL BASAVRAJ GURAPPA PATIL Date: 2021.12.17 14:17:29 +0530 WRIT PETITION NO.3618 OF 2019 Sameer Fazle Kadar Khan & Ors.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Shailendra Kanetkar i/b. Mr.Nikil Dongre a/w. Mr.Salim M. Sayed and Mr.Mohd. Adil Kapadia for the Petitioners Ms. Oorja Dhond i/b. Mr. S. K. Sonawane for the Municipal Corporation Mr. Hemant Haryan, AGP for the State

CORAM:

A.A.SAYED & ABHAY AHUJA, JJ.

DATED :

DECEMBER 15, 2021 P.C.

Despite the order dated 14th October 2021, the Respondent Corporation has not filed Affidavit-in-Reply. Learned Counsel for the Respondent Corporation states that an attempt was made to demolish the subject structures pursuant to the order dated 25th December 2017 passed by the Assistant Engineer, K/Ward of the Respondent Corporation. However, there was resistance and therefore, the structures could not be demolished. Learned Counsel for the Respondent Corporation states, on instructions of Mr. A. G. Adate, Assistant Engineer (B & F) Ward K/West, that the Respondent Corporation shall now Basavraj G. Patil 1/2

9.3618.19-wp.docx apply for police protection and shall demolish the offending subject structures in accordance with law.

Accepting the statement made by the learned Counsel for the Respondent Corporation we dispose of the Petition. List the Petition on 24th January 2022 for Directions for reporting compliance.

(ABHAY AHUJA, J.) (A.A.SAYED, J.) Basavraj G. Patil 2/2