Vinod Genu Borade v. Additional Collector (Enc/Rem) And Appellate Authority , Eastern Suburbs And ORS

14-WP-12416-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 12416 OF 2024 Vinod Genu Borade .... Petitioner

Versus

Additional Collector (ENC/REM) and Appellate Authority, Eastern Suburbs and Ors.

.... Respondents by SHANTANU SHANKARSA DHUDUM Date:

2024.09.09 18:31:02 +0530 SHANTANU SHANKARSA DHUDUM ----- Adv. Aniesh S. Jadhav a/w Adv. Pradeep M. Gaikwad, Advocate for the Petitioner/s.

Adv. J.P. Patil, AGP, for Respondent Nos.1, 2 & 5 - State. ----- CORAM : R. M. JOSHI, J.

DATE : 6th SEPTEMBER, 2024.

P.C. :

1.

Heard.

2.

Learned counsel for the Petitioner submits that the petitioner is occupant of the slum.

3.

It is his submissions that the order dated 7th December, 2017 eligibility of the occupant was accepted and his name was included and supplementary annexture-II on 12th June, 2018. It is Shantanu Dhudum 1/2

14-WP-12416-2024.doc his submissions that in the year 2021 order dated 7th December, 2017 came to be challenged that the society by filing appeal and though the Authorities have a right of reverification of the record and to determine the status of the occupant afresh, in this case in spite of is order passed to that effect dated 3rd November, 2022, no verification has been done till date. He further drew attention of the Court to the impugned order passed by the Grievance Redressal Committee wherein the society in fact has recorded no objection to declare structure in question has eligible as per order dated 7th December, 2017. The committee however in ignorance of the aforestated facts has passed impugned order. Petitioner has made out arguable case.

4.

Issue notice to Respondent No.4, returnable on 7th October, 2024.

5.

Till next date of hearing, there would be stay to the impugned order.

( R. M. JOSHI, J.) Shantanu Dhudum 2/2