M/S. Shagun Developers v. City Survey Officer Andheri And 7 ORS

WP. 2430-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 2430 OF 2016 M/s. Shagun Developers ...

Petitioners Vs.

City Survey Officer, Andheri & Ors. ...

Respondents *** Mr. Pravin Samdhani, Sr. Counsel a/w Mayur Khandeparkar a/w Medhakin Bhatt i/b M/s. MV Law Partners, for the Petitioners. Ms. Geeta Shastri, Additional Government Pleader for he Respondent - State.

*** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : APRIL 11, 2017 PC.

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Heard Mr. Pravin Samdhani, the learned senior counsel appearing for the Petitioners and the learned Additional Government Pleader appearing for the State. None appears on behalf of Respondent No. 8 though served.

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By this petition, which is filed under Article 226 of the Constitution of India, Petitioners are seeking an appropriate writ, 1 / 2

WP. 2430-16 order, direction directing the City Survey Officer to carry out demarcation of the plot in question. There is no stay granted by any authority for the measurement of the said plot. That being the position, petition can be conveniently disposed of by directing the City Survey Officer, Andheri (Respondent No. 1 herein) to demarcate the plot in question and for that purpose he may take police help if there is obstruction on behalf of Respondent No. 8. The police of Oshiwara Police Station also may assist the City Survey Officer in carrying out the measurement of the subject plot. The Petitioner shall remain present at the time of measurement. This entire process shall be completed within 4 weeks. Writ petition is disposed of in the aforesaid terms.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2