Ramji Bablu Bhasra v. The Administrator Dadra And Nagar Haveli And Daman And Diu And ORS

Digitally signed by KAWRE KIRAN KALYAN Date:

2025.04.08 20:09:13 +0530 KAWRE KIRAN KALYAN 9-WP-4588-2025(C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4588 OF 2025 Ramji Bablu Bhasra

...Petitioner

Versus

The Administrator Dadra and Nagar Haveli & Daman And Diu & Ors.

...Respondents

_______ Ms. Prabha Badadare for Petitioner.

Mr. Hiten Venegaonkar a/w Harsh Dedia for Respondents. Priyank Kishor IAS present in the Court.

Amitkumar Danics MS (PDA) present in the Court. Prakash Parmar ATP present in the Court.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

08 APRIL 2025 P.C.

1.

We have heard the learned counsel for the parties. We find that in regard to the respondents case that the premises in question subject matter of this petition, are unauthorized and illegal, the petitioner has already taken recourse to a legal remedy by filing a Civil Suit in the Court of Civil Judge (Senior Division) Dadra and Nagar Haveli at Silvasa. 2.

The prayers in the suit are quite wide to take within its ambit, even the final orders of the respondent, directing demolition of the petitioners 08 April 2025 Kiran Kawre

9-WP-4588-2025(C).DOC structures. The apprehension of the petitioner is of demolition, which is likely to take place after 11 April 2025.

3.

Mr. Venegaonkar, learned counsel for the respondent - UT Administration, makes a statement, on instructions of the officers - Mr. Priyank Kishor - IAS, Mr. Amitkumar Danics - MS (PDA) and Mr. Prakash Parmar - ATP who are present in the Court, that for a period of one week from 11 April 2025, no coercive action shall be taken under the final orders which are passed against the petitioner.

4.

In this view of the matter, we are of the clear opinion that petitioner needs to move an appropriate interim application in the suit in question to seek urgent interim orders. Let such application be filed as expeditiously as possible.

5.

All contentions on such proceedings are expressly kept open. We clarify that we have not expressed any opinion on the merits of the rival contentions. Thus, further adjudication of the petition is not called for. 6.

It is disposed of relegating the petitioner to assert its cause in the pending suit.

7.

No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 08 April 2025 Kiran Kawre