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Bombay High CourtWP/9146/2015disposed offdismissed for default

Khurshid Khan Aziz Khan Pathan And Others v. The State Of Maharashtra And Others

2015-09-04Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9144 OF 2015 Zakiroddin s/o Isakoddinn & others Petitioners

Versus

State of Maharashtra & others Respondents Mr.Zia Ul Mustafa, advocate for petitioners Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 & 3 to 6. WITH WRIT PETITION NO.9145 OF 2015 Vilas s/o Kisanrao Wadekar & others Petitioners

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State of Maharashtra & others Respondents Mr.Zia Ul Mustafa, advocate for petitioners Mr.N.B.Patil, A.G.P. for Respondents No.1 & 3 to 6. WITH WRIT PETITION NO.9146 OF 2015 Khurshid Khan Aziz Khan Pathan & others Petitioners

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State of Maharashtra & others Respondents Mr.Zia Ul Mustafa, advocate for petitioners Mr.V.S.Mote, A.G.P. for Respondents No.1 & 3 to 6. WITH WRIT PETITION NO.9147 OF 2015 Jabbar Khan s/o Gulab Khan & others Petitioners

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State of Maharashtra & others Respondents Mr.Zia Ul Mustafa, advocate for petitioners Mr.S.G.Karlekar, A.G.P. for Respondents No.1 & 3 to 6. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 04th September, 2015 PER COURT:

Petitioners, in all these petitions, undertake to tender an undertaking to the effect that they would vacate encroached premises and hand over possession of the encroached portion back to the Municipal Council within a period of two months from today. Petitioners shall also furnish an undertaking that they will not create any third party interest and will not change nature of the site during the period of their occupation. The undertaking shall be tendered within one week from today. Subject to the presentation of an undertaking to this Court, the Municipal Council shall not take coercive measures for eviction of petitioners until expiry of period of two months from today. On expiry of period of two months from today, if petitioners fail to hand over back possession of encroached premises to the Municipal Council, it would be open for the Municipal Council to adopt coercive means and recover back possession of the encroached premises/portion. With the directions as above, writ petitions stand disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE