Bikan Daulat Koli And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
1 wp 6722.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 6722 OF 2023 Bikan Daulat Koli and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents Shri M. D. Gite, Advocate h/f Shri S. B. Jadhav, Advocate for the Petitioners.
Shri S. W. Mundhe, A.G.P. for the Respondent Nos. 1 to 7. CORAM :
RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE :
21ST JUNE, 2023.
PER COURT :
1.
The Petitioners have put forth prayer clauses B, C and D as under:- B.
By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the impugned eviction notices dated 10.04.2023 (wrongly typed as 10.04.2022) issued by the Tahsildar, Chopda, Dist. Jalgaon, may kindly be quashed and set aside and for that purpose issue necessary orders.
C.
By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondent No. 4, Tahsildar, Chopda, may kindly be directed not to take coercive action pursuant to the eviction notices dated 10.04.2023 (wrongly typed as 10.04.2022) issued by the Tahsildar, Chopda, Dist. Jalgaon, and for that purpose issue necessary orders.
D.
Pending the hearing and final disposal of this Writ
2 wp 6722.23 Petition, the eviction notices dated 10.04.2023 (wrongly typed as 10.04.2022) issued by the Tahsildar, Chopda, Dist. Jalgaon may kindly be stayed and for that purpose issue necessary orders.
2.
The learned advocate for the Petitioners submits that the authorities can follow the due procedure laid down in law and, thereafter, if it is established that the Petitioners have no right, they may be evicted.
3.
In view of the above, this petition is disposed off with a direction to the Respondents to follow the due procedure laid down in law for the purpose of evicting the Petitioners. Needless to state, the rights of the litigating parties in the light of the record available, would be considered by the concerned authorities.
[ Y. G. KHOBRAGADE, J.] [ RAVINDRA V. GHUGE, J.] bsb/June 23