Shilpa Suryakant Karande v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10110 OF 2013 Shilpa d/o Suryakant Karnade Vs. The State of Maharashtra and others.

WITH C.A.NO.1807 OF 2014 IN W.P.NO.10110 OF 2013.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.M.G.Deokate, advocate for the petitioner. Mrs.A.V.Gondhalekar, Addl. G.P for the State. CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 20.06.2016.

PER COURT :

1.

Heard.

2.

It is submitted that the petitioner has already filed a Civil suit against the present Respondent Nos.2 to 4 seeking injunction restraining them from demolishing the construction. 3.

In case the order impugned is under Chapter VI of the Maharashtra Housing and Area Development Act, 1976, the petitioner has a remedy by way of an appeal and if the order is not within the ambit of Chapter VI, the petitioner has already filed a suit. He is at liberty to file such other applications as is permissible

in law.

4.

This Court had passed an order that the parties to maintain statusquo as on March 23, 2014. The said order shall continue for a further period of three (3) weeks, so as to enable the petitioner to take appropriate steps. Needless to state, on lapse of three (3) weeks, the protection granted by this Court shall come to an end. 5.

The Writ Petition is accordingly disposed of. No costs. 6.

Needless to state that we have not dealt with the contentions of either of the parties on merits and they are kept open. 7.

In view of disposal of Writ Petition, the Civil Application also stands disposed of.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.20.06.2016.

asp/office/wp10110.13