Bablu Bhagwan Nayak And 19 ORS. v. State Of Maharashtra And 2 ORS.

suresh 15-16-WPG-1467.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1467 OF 2017 Bablu Bhagwan Nayak & Others .... Petitioners Vs.

State of Maharashtra & Others .... Respondents AND WRIT PETITION NO.1474 OF 2017 Swapankumar Nagnath Biswas & Anr.

.... Petitioners Vs.

State of Maharashtra & Others .... Respondents Mr. O.R. Tiwari for the Petitioners.

Mr. M.A. Sayed, AGP, for the Respondents.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : FEBRUARY 24, 2018 P.C:

1.

The only argument of Mr. Tiwari is that, in the garb of the notices which are impugned in the petitions and though they contain the Survey Numbers or details of some other

suresh 15-16-WPG-1467.2017.doc property, the petitioners' structures may be demolished. 2.

The stand of the petitioners, as reflected from the pleadings, would denote that this is a disputed question of fact. The petitioners claim to be entitled to a piece or parcel of land and the structure or building erected and standing on it. The petitioners say that some notices have been issued by the Authorised Officer to proceed against unauthorised construction on Government land/public property. In the garb of these notices, the petitioners' structures may be demolished, is the apprehension. The petitioners will have to bring a Suit to establish and prove their right, title and interest in the property including the structures. They can protect them from demolition by proving even prima facie their right, title and interest in the property. When such remedies are open, we need not entertain these writ petitions. They are disposed of.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)