Suraj Chandrakant Namde vs The State Of Maharashtra And ...
2022 Latest Caselaw 3889 Bom

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          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

                         WRIT PETITION NO.4308 OF 2021

                       SURAJ CHANDRAKANT NAMDE
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS

Mr.S.B.Deshpande h/f Mr.S.S.Deshpande, Advocate for the petitioner.
Mr.S.R.Yadav, AGP for respondent Nos. 1 and 2.

Mr.K.N.Lokhande, Advocate for respondent No.3.

( CORAM : RAVINDRA V. GHUGE AND S.G. DIGE, JJ.)

DATE : APRIL 11, 2022

PER COURT :

1. Leave to add the Municipal Commissioner in place of the Chief

Officer to represent respondent No.3. Correction be carried out

forthwith.

2. Normally, we would not entertain a writ petition if there are

disputed questions in relation to the encroachments. However, in the

instant case, there is no dispute that the Municipal Corporation has

issued a notice to respondent Nos. 4 to 10 on 13.01.2021 directing

them to remove the encroachment on a land, which is reserved for

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garden. Only 2 persons out of these 7 respondents have approached

the Trial Court in RCS No.24/2021 at Ahmednagar. Their application

Exh.5 for interim relief under Order 39 Rules 1 and 2 of the CPC, has

been rejected. Both of them approached the Appellate Court by

preferring a Misc.Civil Appeal No.14/2021 and some protective order

has been passed. Admittedly, 5 out of the 7 persons to whom the notice

was issued, have accepted the notice and have not challenged it.

3. The learned Advocate representing the Municipal Corporation

submits on instructions from the Commissioner that action would be

immediately initiated against the remainder 5 and action taken report

will be produced before this Court on 20.04.2022.

4. We record the said statement since we were about to take a very

strict view in this matter, but for the fact that Shri.Lokhande assured

that the Commissioner would take urgent steps.

5. We also direct the learned Appellate Court i.e. the learned Ad-hoc

District Judge-2, Ahmednagar dealing with Misc.Civil Appeal

No.14/2021 to ensure that the oral submissions in the said appeal are

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concluded by the end of June 2022 and he would deliver his judgment

in the appeal on or before 30.07.2022.

6. Stand over to 20.04.2022 in the Urgent Category.

     ( S.G. DIGE, J. )                    ( RAVINDRA V. GHUGE, J.)




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