Bezonbagh Mahila Action Committee, Through Gunja Jitlal Binkar, Nagpur v. State Of Maharashtra, Through Its Secretary, Urban Development Department, Mumbai And 4 Others

ca766-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) No. 766 of 2016 & 721 of 2016 in PIL No. 19 OF 2014 Bezonbagh Mahila Action Committee through Gujna Binkar, Nagpur. Vs.

State of Mah. Thr. Its Secretary, Urban Development Dept., & 4 others. __________________________________________________________________________ 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.

DATE : 18th April, 2016.

Heard Advocate Shelat for applicants, advocate Tirukh for petitioner, learned AGP Mr. Rao for respondent nos. 1, 3 & 5. Mr. Puranik appears for respondent no. 2 and Mr. Chhabra appears for respondent no. 4.

The petitioner seeks removal of unauthorized possession on public road by certain persons. Their number is 41. 31 out of them prima facie appear to be claiming under some lease/agreement executed in their favour by office of Collector, Nagpur. Remaining 10 are encroachers. In this situation, before proceeding to pass any order, we allow both applications. The applicants are added as intervenor before this court. Necessary

ca766-16 amendment be carried out by petitioner within one week. Liberty to intervenors to file their say within next two weeks.

Petitioner to publish a notice in newspaper pointing out the pendency of the writ petition as also prayer therein so as to enable others occupants to oppose it if they are so interested. If they do not respond, the court shall proceed exparte against them.

Notice to remaining persons through a newspaper published in Hindi language is made returnable on 7.6.2016.

JUDGE JUDGE Hirekhan