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Bombay High CourtWP/1871/2024disposed off

Sheshrao Balam Shinde v. State Of Maharashtra, Through Secretary, Urban De

2024-02-23Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO. 1871 OF 2024 Sheshrao Balam Shinde & others ....Petitioners

VERSUS

State of Maharashtra & others .....Respondent .....

Mr. B. R. Kawre, Advocate for the Petitioner. Mr. A. B. Girase, GP for the State.

Mr. S. P. Urgunde, Advocate for respondent/Municipal Corporation. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 23rd FEBRUARY, 2024.

PER COURT :

1.

The petitioners are residents of N-2, CIDCO area. Their common grievance is that there are encroachments as a result of which civic amenities are not being provided by the Corporation. 2.

Mr. Urgunde, the learned Advocate representing the Chhatrapati Sambhaji Nagar Municipal Corporation submits on instructions that the due process as is prescribed in law, would be followed and the encroachments would be removed.

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In view of the above, this Writ Petition is disposed off. We expect the Corporation to initiate steps for removal of encroachment expeditiously and without causing any delay, by following the due procedure laid down in law. 4.

The learned Advocate for the Petitioners submits that if in future, the Code of Conduct is imposed on account of any election, the Corporation should not take a stand that they cannot initiate any steps. We make it clear that the Code of Conduct would not be an impediment for the Corporation to initiate appropriate steps for removal of encroachment.

( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb