Sayyed Rahemoddin@Munna Kazi Sayyed Habibiddin Vs the State of Maharashtra and Others

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1 wp 7476.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 7476 OF 2013

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Sayyed Rahemoddin @ Munna Kazi S/o Sayyed Habiboddin

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.. Petitioner

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Versus

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The State of Maharashtra and others .. Respondents

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Shri V. P. Latange, Advocate for the Petitioner. Shri S. M. Ganachari, A.G.P. for Respondent Nos. 1 to 4. Shri U. B. Bilolikar, Advocate for the Respondent No. 5. Shri B. G. Londhe, Advocate h/f Shri A. G. Godhamgaonkar, Advocate for the Respondent No. 6.

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CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ. DATE : 22ND JUNE, 2016.

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PER COURT :

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. The respondent No. 7 is already deleted.

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The question would remain about the unauthorized construction as far as the respondent No. 6 is concerned.

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The respondent No. 5/Municipal Council has filed affidavit through its Chief Officer giving the details regarding action initiated.

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2 wp 7476.13

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Mr. Bilolikar, the learned counsel submits that, wherever encroachment is found as alleged, then the respondent/municipal council shall take action for removal of said encroachment by following due procedure of law and in case there are no prohibitory orders of the Court.

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Certainly, if prohibitory orders of the Court are in operation, the respondent/municipal council is not expected to proceed further. The respondent/municipal council has agreed to take action against the said encroachment.

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We accept the said statement. The respondent/municipal council shall take action as averred in the affidavit in reply filed, expeditiously and shall take steps in furtherance of the same in accordance with law within a period of three (03) months from today. The writ petition accordingly is disposed of. No costs.

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[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]

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bsb/June 16

Sayyed Rahemoddin@Munna Kazi Sayyed Habibiddin v. the State of Maharashtra and Others

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Sayyed Rahemoddin@Munna Kazi Sayyed Habibiddin v. the State of Maharashtra and Others

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