Ravikant P. Deshpande v. Superintendent Engineer And 5 ORS.

5-WP-163-2015.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.163 OF 2015 Mr. Ravikant P. Deshpande & Ors.

... Petitioners V/s.

Superintendent Engineer, PWD, Mumbai & Ors.

... Respondents Mr. Rajesh Doctor, for the Petitioners.

Mr. Rahul S. Kadam, for Respondent No.6.

Mr. Kunal Bhange, AGP for State.

Mr. Vilas Y. Jadhav, Sectional Engineer, PWD is present.

CORAM:

A.A.SAYED & RIYAZ I. CHAGLA, JJ.

DATE:

6TH MARCH, 2019.

PC:- 1.

The Writ Petition seeks the following reliefs:- a. that this Hon'ble Court be pleased to issue Writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, thereby directing Respondents Nos.1 to 4 to forthwith implement notice dated 19th April, 2014 and communication / order dated 14th June, 2014 (Exhibit - 'C' and 'D' respectively) and remove the unauthorized encroachment carried out by Respondent No.6 at her Service Quartes bearing No.B-10/1, Governement Colony, Bandra (E), Mumbai - 400 051;

b. any other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, be granted to the Petitioners;

c. Costs of this Writ Petition be provided for. 1/2

5-WP-163-2015.DOC 2.

The learned AGP appearing for Respondent Nos. 1 to 5 states on instructions from Mr. Vilas Jadhav, Sectional Engineer, PWD that a survey has been carried out and it was found that encroachment has been made by the Respondent No.6 in the service quarters in front of B-10/1, Government Servants Colony, Bandra (East), Mumbai - 400 051.

3.

We accept the statement of the learned AGP who on instructions states that in the event the Respondent No.6 herself does not remove the encroachment within a period of four weeks from today, the same shall removed the PWD Department and the charges thereof will be recovered from the Respondent No.6 in accordance with law.

4.

The Petition to stand disposed of accordingly. ( RIYAZ I. CHAGLA J. ) (A.A.SAYED, J.) 2/2