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Bombay High CourtWP/566/2024disposed off

Vikas Pawar ,Chairman Pheonix Shikshan Samiti v. Additional Collector And Appellate Authority

2024-07-01Hon'Ble Shri Justice Sandeep V. Marne2 pages

9. WP 566-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 566 OF 2024 Vikas Pawar .Petitioner

Versus

The Additional Collector and Appellate Authority, Churchgate, Mumbai & Ors.

.Respondents WITH WRIT PETITION (L.) NO. 15969 OF 2024 Vikas Pawar .Petitioner

Versus

The State of Maharashtra & Ors.

.Respondents Mr. Vishwajit N. Sagare, Advocate, for the Petitioner in both petitions. Ms. Rita Joshi and Ms. Varsha Sawant, AGPs, for the RespondentState in both Petitions.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

01.07.2024 P. C.:

1.

Writ Petition No.566 of 2024 was already disposed of by a learned Single Judge (Coram: Sandeep V. Marne, J.) by Order dated 02.02.2024 passed in W.P. (L.) No.3386 of 2024 i.e. Writ Petition No. 566 of 2024. Accordingly, Writ Petition No.566 of 2024 is wrongly on board and removed from the board.

2.

Writ Petition (L.) No.15969 of 2024 was not on board. Upon mentioning, taken on board.

3.

At the outset, Ms. Joshi, learned AGP states that there is an Anand Page No.1

9. WP 566-2024.doc alternate efficacious remedy available under Section 35(1A)(a) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 of filing an Appeal before the Grievance Redressal Committee ("GRC").

4.

In view of the said objection, Mr. Sagare, learned Counsel for the Petitioner seeks leave to withdraw the Writ Petition with liberty to approach the GRC. Leave granted.

5.

Accordingly, the Writ Petition (L) No. 15969 of 2024 is allowed to be withdrawn and disposed of as such with liberty as aforesaid. 6.

It is clarified that this Court has not considered the merits of the Petition and all contentions on merits are expressly kept open. 7.

Mr. Sagare, learned Counsel for the Petitioner states that the impugned order has not been executed till date. Accordingly, for the purpose of granting opportunity to the Petitioner to adopt an alternate efficacious remedy, the impugned order, if not executed till today, shall not be executed for a period of three weeks from today. [MADHAV J. JAMDAR, J.] Anand Page No.2