Sameer Fazle Kadar Khan And 2 ORS v. State Of Maharashtra And 2 ORS

8.3593.19-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.3593 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 Mr. Sukanta Karmakar, AGP for the State Ms. Oorja Dhond i/b. Mr. S. K. Sonawane for the Municipal Corporation

CORAM:

A.A.SAYED & ABHAY AHUJA, JJ.

DATED :

DECEMBER 15, 2021 P.C.

We note that on 14th January 2019, Respondent No.3 was present before the Court.

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 orders dated 22nd December 2017 and 27th December 2017 passed by the Assistant Engineer (B & F), Ward K/West of the Respondent Corporation. However, there was resistance and therefore, the structures could not be demolished. Learned Counsel Basavraj G. Patil 1/2

8.3593.19-wp.docx 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 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