← Library
Bombay High CourtWP/3224/2018disposed off

Mohammed Majid Mohammed Ali Siddiqui Proprietor Of Rehmaniya Bakery v. The Deputy Collector (Enc./Rem.) And Competent Authority - Ghatkopar Division And 5 ORS.

2018-10-31Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice B.R. Gavai2 pages

(3)WPL-3689-18.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3689 OF 2018 Mohammed Majid Mohammed Ali Siddiqui, Proprietor of Rehmaniya Bakery ....Petitioner.

V/s The Deputy Collector (Enc./Rem.) and Competent Authority and Others .... Respondents.

Mr. Tushar Kochale alongwith Mr. Ajay D. Jankar for the Petitioners. Mr. Milind More, Addl. Govt. Pleader for Respondent Nos. 1, 2 and 6/State.

Ms. Vrushali Maindad I/b M/s Desai Legal for Respondent No.3. Mr. Prashant Nakati for Respondent No.4.

CORAM: B. R. GAVAI & M. S. KARNIK, JJ.

DATE: 31st OCTOBER, 2018 P.C.:- 1] The limited grievance made in the Petition is that, though the Appellate Forum i.e. the Grievance Redressal Committee has granted an order of status quo, Respondent No.1 was proceeding further with demolition of the Petitioner's structures. As such, we had directed Respondent No.1 to remain personally present in this Court. 2] Mr. More, learned Additional Government Pleader, on instructions from Respondent No.1 - Tejas Kiran Samel, Dy, Collector, Ghatkopar, who is personally present in this Court, submits that 1/2

(3)WPL-3689-18.doc contention that the structures of the Petitioner are being demolished, contrary to the orders of status quo, is devoid of substance and makes a categorical statement that till the decision of the Grievance Redressal Committee, Respondent No.1 shall not proceed further with the demolition of structures of the Petitioner. Mr. More further submitted that the present Petition is filed only in order to protract the proceedings before the Grievance Redressal Committee. 3] In that view of the matter, we take on record the statement made by Respondent No.1 as above. We further direct the Petitioner to remain present before the Grievance Redressal Committee tomorrow i.e. 01/11/2018 for the scheduled hearing and cooperate in the proceedings before the said Forum.

4] Petition is disposed of in the aforesaid terms. (M. S. KARNIK, J.) (B. R. GAVAI, J.) 2/2