Bombay High Court
Jitendra Jaywant Sawant vs The Deputy Collector(Enc,/Removal) on 29 November, 2022
Bench: R.D. Dhanuka, S.G. Dige
SPB/
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909wpl-36862-22.doc
Digitally
signed by
SHALIKRAM
SHALIKRAM PRALHADRAO
PRALHADRAO BOREY
BOREY Date:
2022.12.02
16:51:29
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L.) NO. 36862 OF 2022
Jitendra Jaywant Sawant & 2 Others. ... Petitioners.
Versus
The Deputy Collector, (Enc./ Removal)
& Anr. ... Respondents.
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Mr. Vishal Kanade, Advocate a/w. Mr Pravin Kamble, Mr. Amol
Pannikar, Ms. Tanya Patankar, Advocates i/by Pravin Kamble for
the Petitioners.
Mr. Hemant Haryan, AGP for the State - Respondents.
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CORAM : R.D. DHANUKA & S.G. DIGE, JJ.
DATE : NOVEMBER 29, 2022. P.C. :-
1. The Petitioners, at this stage, seek stay on the common public notice dated 23rd November, 2022 issued by the Respondent No.2, calling upon the Petitioners to demolish the offending structure.
2. The learned counsel for the petitioners invited our attention to the order passed by this Court in Notice of Motion 1/4 SPB/ 2 909wpl-36862-22.doc No. 1343 of 1978 in Suit No. 1562 of 1978 filed by the predecessor of the petitioners against the Union of India and submitted that the offending structure was in existence even on the date of said order dated 20 th December, 1978 in said Motion and that the offending structure cannot be considered as a new structure. He submits that the entire impugned notice is without jurisdiction. He invited our attention to the legal notice dated 25th November, 2022 issued by the Petitioners through their Advocate to the Deputy Collector (Enc./Removal) and also placed various documents on record that called upon the respondent no. 2 to restrain himself from taking actions in view of the pending suits and the pending litigations in respect of the subject property.
3. Mr. Haryan, the learned AGP for the State-Respondents, on the other hand, submits that the said representation made by the petitioners, which is annexed at Exh. "J" to the petition, has been referred by the respondent no.2 to the SRA; as according to respondent no.2, the SRA is the authority to decide the issues raised by the petitioners in the legal notice dated 25th November, 2022. Learned AGP submits that till such 2/4 SPB/ 3 909wpl-36862-22.doc time the SRA decides the said issue, the Respondent No. 2 will not be able to take any further steps and /or resort to the impugned notice issued under section 53 of the Maharashtra Land Revenue Code. Statement is accepted.
4. The respondents are directed to file the affidavit -in
- reply within three weeks from today and shall serve its copy on the petitioners' advocate simultaneously. Rejoinder, if any, shall be filed within two weeks thereafter.
5. In view of the stand taken by the Respondents that the issues raised by the Petitioners will be decided by the SRA, we direct the petitioners to make statement before this court whether the petitioners accept the jurisdiction of SRA to decide said issues or not and, accordingly, apply before this court for impleadment of the SRA as a party Respondent on the next date.
6. Place this matter on Board for admission on 16 th January, 2023.
7. Till the next date, there shall be ad-interim relief in terms 3/4 SPB/ 4 909wpl-36862-22.doc of prayer clause (c) of the petition. The Petitioners shall not carry out any construction or repairs to the offending structure without leave of this Court, till the next date.
(S. G. DIGE, J.) (R.D. DHANUKA, J.)
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