Sakhu Bhaskar Bharudkar And Others v. State Of Maharashtra Through Its Secretary, Urban Development Department, Mumbai And Others

1 / 2 19-WP 327.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 327 OF 2022 (Sou.Sakhu Bhaskar Bharudkar and others vs. The State of Maharashtra and others) ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders. or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. Dhiraj Jain, Advocate for petitioners.

Mr. D. P. Thakre, Addl. G. P. for respondent Nos.1 and 2. CORAM :

SUNIL B. SHUKRE AND ANIL L. PANSARE, JJ.

DATE :

20/01/2022 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard Mr.Dhiraj Jain, learned Advocate for petitioners and Mr.D.P.Thakre, learned Additional Government Pleader who appears by waiving notice for respondent Nos.1 and 2.

3.

The petitioners are mainly claiming relief of alternate accommodation on the similar lines as the other encroachers of Khalwadi area have been granted. Their such claims appear to be based upon the directions issued by Coordinate Bench of this Court in another petition which was a Public Interest Litigation. However, KOLHE

2 / 2 19-WP 327.2022 copy of the order giving the said directions has not been filed on record by the petitioners.

4.

The petitioners are claiming interim relief today. But it appears that the claim of the petitioners has already been considered by nodal agencies. It is the contention of the learned counsel for the petitioners that their names had appeared in the list of encroachers which was prepared in the year 2016, but when the list was finalized in the year 2017, their names did not find any place therein and that their representations dated 28/12/2021 and 04/01/2022 have not been considered by respondent No.2.

5.

If the representations are pending with respondent No.2, we direct respondent No.2 to decide the same in accordance with law, within 10 days from the date of the appearance of the petitioners before him and till then, no coercive action be taken against the petitioners. The petitioners are directed to appear before respondent No.2 on 24/01/2022.

6.

With these directions, the petition is disposed of. No costs.

CHANDRAKANT KOLHE 16:15 JUDGE JUDGE KOLHE