M/S M. Z. Enterprises Through Its Prop. Shri Mirza Zia Baig v. The State Of Maharashtra Through The Secretary, Revenue And Forest Department, Mumbai And Another

3003wp843.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 843 OF 2016 (M/s. M.Z. Enterprises thr. its Proprietor Shri Mirza Zia Baig vs. State of Maharashtra thr. the Secretary, Revenue and Forest Department & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

MARCH 30, 2016.

Shri A.S. Manohar, learned counsel with Shri P.M. Shukla, learned counsel for the petitioner and Mrs. Bharti Dangre, learned GP for the respondents. The matter was heard yesterday and came to be adjourned to today to enable the respondents to make suitable statement.

The learned Government Pleader, upon instructions, states that if the petitioner deposits balance 75% of the amount within three days, Sand Ghat shall be restored to him with suitable approach road.

The learned counsel for the petitioner submits that as the approach road is not being specified or identified, the statement cannot be accepted. In this situation, we direct the petitioner to deposit half of the amount in balance within a period of three days from today. The office of Respondent No. 2 shall thereafter specify and identify the road to be used by the petitioner for approaching Sand Ghat. After such road is identified, the petitioner shall deposit the balance 50% of

3003wp843.16 the amount within next three days.

After the entire amount as mentioned supra is received by the respondents, the possession of Sand ghat shall be handed over to the petitioner forthwith. Writ Petition is thus partly allowed and disposed of. No order as to costs.

JUDGE JUDGE *GS.