Narsinh Bhagvan Charaniya v. Union Territory Of Dadra And Nagar Haveli And Daman And Diu And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9509 OF 2025 Narsinh Bhagvan Charaniya .....Petitioner Vs.
Union Territory Of Dadra And Nagar Haveli And Daman And Diu & Ors.
.....Respondents WITH WRIT PETITION NO.9510 OF 2025 Narsinh Bhagvan Charaniya .....Petitioner Vs.
Union Territory Of Dadra And Nagar Haveli And Daman And Diu & Ors.
.....Respondents WITH WRIT PETITION NO.9511 OF 2025 Narsinh Bhagvan Charaniya .....Petitioner Vs.
Union Territory Of Dadra And Nagar Haveli And Daman And Diu & Ors.
.....Respondents Mr. Harshil Gandhi i/b Mr. Ramiz Shaikh, for the Petitioner. Mr. H. S. Venegavkar, SPP for Respondent- UT. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.
DATE : 22nd JULY 2025.
P.C.:- 1/3
1.
The Petitioner in all these Petitions seek to quash and set aside the impugned notice dated 26th March 2025 issued by the Respondent No.3- Planning and Development Authority, Diu. As per the notices issued to the Petitioner in the aforesaid Petitions, the Petitioner therein was notified that the construction done by him at Survey No.12D/646-A-1,H.No.837; Survey No.12D/499 and Survey No.12D/573, H.No.1017 respectively at Timba Sheri of Vanakbara Gram Panchayat was unauthorized and he was directed to stop the constructions immediately. The Petitioner was directed to either get the constructions regularized by following the due procedure of law within 30 days of the notice failing which he was informed, that the same shall be demolished.
2.
Heard Mr. Harshal Gandhi, learned counsel for the Petitioner and Mr. Hiten Venegavkar, learned SPP for the RespondentUnion Territory. 3.
At the outset, Mr. Venegavkar brought to our notice that a representation was already made by the Petitioner to the Respondent No.3- Competent Authority and the same pending before it. He states that the hearing of the said representation is fixed on 24th July 2025 and the same shall be heard and decided on that date. 2/3
4.
In view of the fact that the representation is being heard by the Respondent No.3- Competent Authority, the counsel for the Petitioner, on instructions, seeks leave to withdraw the present Petitions.
5.
The Petitions are accordingly disposed off as withdrawn. 6.
It is made clear that we have not gone into the merits of the representation and as such all contentions of all the parties are left open. It is also made clear that the order dated 16th July 2025 passed in these Petitions directing the parties to maintain the status quo in respect of the property shall continue to be in effect for a period of two weeks from the date of the decision on the representation in the event the said order is adverse to the Petitioner. The two weeks period shall commence on the date on which the Petitioner gets a copy of the order passed by the Respondent No.3- Competent Authority. 7.
All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) 3/3