Shree Samarth Krupa Sra Co Op. Housing Society v. State Of Maharashtra Through Principal Secretary Urban Development Department

39-OSWP-2105-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2105 OF 2024 Shree Samarth Krupa SRA Cooperative Housing Society & Ors

...Petitioners

Versus

State of Maharashtra through Principal Secretary Urban Development Department & Ors

...Respondents

Mr Rajiv Narula, with Milind Mane i/b Jhangiani Narula & Associates, for the Petitioner.

Mr Yogesh Patil, with Vijay Patil, for Respondent No. 2 & 3. Ms Anupamaa Pawar, AGP, for Respondent Nos. 1 & 4.

CORAM

M.S. Karnik & Kamal Khata, JJ.

DATED:

8th May 2024 PC:- 1.

Heard learned counsel for the Petitioner. It is the contention of the Petitioner that survey commenced on 11th October 2023 was stopped by Respondent No. 4, i.e., Deputy Collector (Encroachment)/Competent Authority without assigning any reason.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.05.09 10:20:27 +0530 SUMEDH NAMDEO SONAWANE 8th May 2024

39-OSWP-2105-2024.DOC 2.

Issue notice to the Respondents, returnable on 19th June 2024 Mr. Patil waives service on behalf of Respondent Nos. 2 and 3. Affidavit in reply to be filed and served on or before 12th June 2024. 3.

List the Petition on 19th June 2024.

4.

Pendency of this Petition or passing of this order will not preclude Respondent No. 4 from proceeding ahead with the survey. (Kamal Khata, J) (M. S. Karnik, J) 8th May 2024