Bombay High CourtWP/3891/2016dismissedrule discharged

Bhaurao Pandurang Choudhari And Another v. State Of Maharashtra (Thr. Secretary), Urban Development Dept. Mumbai And Others

2016-12-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2012wp3891.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3891/2016 Bhaurao Pandurang Choudhari and another ...Versus...

State of Maharashtra, (Through its Secretary), Urban Development Department, Mantralaya, Mumbai - 400032 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. Chandurkar, Advocate for petitioners Shri A.M. Balpande, AGP for respondent no.1 Shri M.I. Dhatrak, Advocate for respondent no.2 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 20.12.2016 Heard.

Shri Dhatrak, the learned Counsel for the respondent no.2 points out that the issue involved in this case was also involved in Writ Petition No.3890/2016 and this Court has by an order dated 11.7.2016 dismissed the writ petition. It is stated that in the said case, this Court had protected the possession of the petitioners for a period of seven days only. It is stated that a similar order may be passed in this writ petition, on parity. Shri Chandurkar, the learned Counsel for the petitioners does not dispute the statements made by the learned Counsel for the respondent no.2.

2012wp3891.16.odt Hence, for the reasons recorded in the order dated 11.7.2016 in Writ Petition No.3890/2016, we dismiss this writ petition with no order as to costs. However, at the request of the learned Counsel for the petitioners, we protect the possession of the petitioners for a period of eight days only so as to grant an opportunity to the petitioners to avail the appropriate remedy. Order accordingly.

JUDGE JUDGE Wadkar