Gautam Ganpat Sable vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 127 Bom

                       (2)-WP-2493-21.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

          Digitally
                                        WRIT PETITION NO.2493 OF 2021
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.01.04
          17:52:19
                       Gautam Ganpat Sable                                 ..Petitioner
                            Versus
          +0530




                       Municipal Corporation of Greater Mumbai
                       and Ors.                                           ..Respondents

                       Mr. Ramchandra K. Mendadkar, for the Petitioner.
                       Mr. Om Suryavanshi, for the Respondent No.1 - MCGM.
                       Mr. Irfan Shaikh i/by Sachindra B. Shetye, for Respondent No.2 -
                       State Election Commission.
                       None for Respondent No.3.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 4th JANUARY, 2022

P.C.

1. Heard.

2. Leave to amend.

3. Amendment be carried out within one week.

4. With the assistance of counsel for the petitioner, I have perused the evidence of PW-2 - Dnyaneshwar Suresh Kutwad, who is working as Deputy Collector (Enroachment), 'N' Ward. His testimony is analyzed in the judgment impugned and finding is recorded that the property over which the encroachment is shown is

BGP. 1 of 2 (2)-WP-2493-21.doc.

recorded in the name of late father of the returned candidate - respondent No.3.

5. Since the returned candidate has not contested the said notice of removal of encroachment, case for consideration is made out.

6. Hence, Admit.

7. Mr. Om Suryavanshi, learned counsel waives notice on behalf of respondent No.1 - MCGM.

8. Mr. Irfan Shaikh, learned counsel waives notice on behalf of respondent No.2 - State Election Commission.

                                        [NITIN W. SAMBRE, J.]




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