Jyoti Ashok Jagtap v. The State Of Maharashtra And Others

{1} wp3767.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3767 OF 2019 Jyoti w/o Ashok Jagtap Petitioner

Versus

The State of Maharashtra & others Respondents Mr. N.D. Sonavane, Advocate for petitioner.

Mr. K.S. Patil, AGP for respondents no. 1 and 4 to 6. Mr. A.P. Bhandari, Advocate for respondents no. 2 and 3. CORAM : PRASANNA B. VARALE & A. G. GHAROTE, JJ.

DATE : 27th August, 2019.

PER COURT :

1.

Heard Mr. Sonavane, learned counsel for the petitioner. 2.

On 25.03.2019, notice was issued by this Court. Learned counsel Mr. Bhandari waived notice on behalf of respondents no. 2, and 3. An interim order in the nature of direction to maintain status quo was passed by this Court.

3.

Learned counsel Mr. Bhandari makes a positive statement before this Court that Aurangabad Municipal Corporation has not even issued notices and as such, there cannot be any apprehension that petitioner would be dispossessed from her property by coercive measures. It is further submitted by Mr. Bhandari that in any case, before taking any coercive action, the Corporation is duty bound to take all the steps in view of the provisions of law such as issuance of notice and, in case such

{2} wp3767.19.odt notices are issued, the parties would be certainly at liberty to avail appropriate remedies.

4.

Considering the submission of learned counsel Mr. Bhandari, it is apparent that the petition is pre-mature and even otherwise as the statement of Mr. Bhandari takes care of the grievance raised in the petition, we see no reason to keep the same pending as the purpose of approaching this Court is already served. Accordingly, the petition is disposed of. ( A. G. GHAROTE ) ( PRASANNA B. VARALE ) JUDGE JUDGE dyb/