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Bombay High CourtWP/4690/2023disposed off

Mohammad Nurddin Mohammad Fasiyoddin And Others v. The State Of Maharashtra Through Secretary And Others

2023-04-21Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO.4690 OF 2023 MOHAMMAD NURDDIN MOHAMMAD FASIYODDIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Sachin S. Deshmukh h/f. Mr. M.R. Sonawane AGP for Respondent - State : Mr. S.B. Pulkundwar ...

CORAM : NITIN W. SAMBRE AND S.G. CHAPALGAONKAR, JJ.

DATE : 21-04-2023 PER COURT :

.

Heard Mr. Deshmukh, learned counsel for petitioners. 2.

Notice dated 10th April, 2023 under Section 478 (2) of Maharashtra Municipal Corporations Act, 1949 has been issued by the Designated Officer, Encroachment Department, Municipal Corporation to petitioners regarding encroachment on land bearing City Survey No.15854/A.

3.

According to Mr. Deshmukh, structure of petitioners is not on land - City Survey No.15854/A and it shall be open for respondent authority to take lawful action in relation to structure which is located on aforesaid city survey number as petitioners have

no concerned with the said land.

4.

In view of the aforesaid statement, the petition having become infructuous, the same stands disposed of accordingly. ( S.G. CHAPALGAONKAR, J. ) ( NITIN W. SAMBRE , J. ) GGP