Dilip Mariba Dhawale v. The State Of Maharashtra And Others

wp10118.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 10118 OF 2015 Shri Dilip s/o Mariba Dhawale .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.P. Salgar, advocate for petitioner.

Mr. D.R. Kale, GP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 8th OCTOBER, 2015.

PER COURT :

1.

Petitioner is objecting to the notice issued by the Municipal Council on 24.09.2015 in respect of removal of illegal construction. It would be open for the petitioner to avail of alternate remedies available in law for redressal of his grievance. Keeping the option to avail of alternate remedies, open for the petitioner, writ petition stands disposed of. 2.

Respondent - Municipal Council shall not take any coercive action for the period of 10 days from today with a view to enable the petitioner to approach the alternate forum. The foum while dealing with the matter shall not be influenced by the interim protection granted by this Court and, shall deal with the matter on its own merits and in accordance with law. It is clarified that the order of protection has been issued without examining the

wp10118.15.doc merits of the contentions of petitioner and purely with a view to extend an opportunity to the petitioner to avail of alternate remedy. ( P.R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb