Kedarnath Gangadharji Agrawal v. State Of Maharashtra, Through Its Secretary In Ministry Of Urban Development And 2 Others

Order 1506wp1198.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1198/2015.

Kedamath Gangadharji Agrawal -VERSUSState 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.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

DATE : JUNE 15, 2016.

Heard Shri S.V. Bhutada, learned Counsel for the petitioner, Ms. A.R. Kulkarni, learned A.G.P. for respondent nos. 1 and 2 and Shri A.R. Deshpande, learned Counsel for respondent no.3, for some time. 2.

Petitioner, a Senior Citizen seeks removal of unauthorized construction which has been raised on his property. Respondent no.3 Corporation has also issued notice for its removal, but, did not take any action because of restraining orders operating in the proceedings filed by the person who has raised that construction.

3.

Learned counsel for the petitioner submits

Order 1506wp1198.15 that, that dispute is now compromised and suit is withdraw by that person.

4.

Said person is not party before this Court.

The record shows that petitioner had filed suit in the year 2012 against that person, and a Regular Civil Suit No. 34/2016 is filed in the matter against the petitioner. Because of compromise both the suits are withdrawn.

5.

Shri Deshpande, learned counsel appearing for respondent no.3 Corporation however states that as per instructions, some third person has now filed a suit to protect that subject structure. 6.

In that situation we find that interest of justice can be met with by directing respondent no.3 Corporation to proceed further in the matter expeditiously, in accordance with law, if there are no other legal impediments.

7.

Accordingly with above directions, we dispose of the Writ Petition. No costs.

JUDGE JUDGE Rgd.