Balasaheb Jyotiram Pore v. The State Of Maharashtra And Others

149 wp4092.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 149 WRIT PETITION NO.4092 OF 2019 BALASAHEB JYOTIRAM PORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Brahme Shailesh P. And Syed Azizoddin R. AGP for Respondents: P.K.Lakhotia ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 18/06/2019 PER COURT :

Heard Mr. Brahme, learned counsel and the learned AGP. 2] The affidavit is filed by Sub Divisional Officer. Paragraphs 6 and 7 of the affidavit read thus :

"6) I say and submit that, a direction issued by this Hon'ble High Court has been duly complied with, as Shop of petitioner is de-sealed on dt.7.6.2019 and panchnama is prepared accordingly. Secondly notice of hearing is also issued to petitioner. Copy of Panchnama dt.7.6.2019 and Notice dt.7.6.2019 are annexed and marked as EXHIBIT 'R-1' collectively. I again tender my unconditional apology and submit this compliance report.

7) I say and submit that, as per order passed in Writ Petition No.7812/2018 dt. 31.1.2019 and also order dt. 25.4.2019 in present petition by this Hon'ble Court, the present deponent is duty bound to follow the due procedure provide under the Maharashtra Government Premises (Eviction) Act. Accordingly, as stated above, the present deponent already issued the

149 wp4092.19 notices and next date of hearing is kept on 13.6.2019. The shop of the petitioner is already de-sealed, as due part compliance of the order of this Hon'ble Court. " 3] In light of the above, grievance of the petitioner to the extent of the present Petition stands redressed.

4] Writ Petition disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/