Bombay High Court
Threisa Joseph (Deceased) Through ... vs The Chief Executive Officer S.R.A. And 7 ... on 28 November, 2018
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
908-WPL3965-18.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 3965 OF 2018
Threisa Joseph (deceased) through Legal
Heir Rosa George Chirayath & anr. ...Petitioners
Versus
The Chief Executive Officer SRA & Ors. ...Respondents
Mr. N. R. Pradhan, i/b Wilson Varghese, for the
Petitioners.
Mr. A. P. Kulkarni, for Respondent no.1.
Mr. Dushyant Kumar, AGP for Respondents no.3 and 4.
Mr. Vimlesh Singh, for Respondent no.7.
CORAM: G. S. KULKARNI, J.
DATED: 28th November, 2018. PC:-
1. On 26th November, 2018 this Court had adjourned the matter for today to enable learned AGP to take instructions on the regularization application. The Court had directed that in the meantime no further steps be taken to create third party rights in respect of Room No.501. It is pointed out that the reference to Room No.501 as recorded in the said order is not correct and the reference in the order should pertain to Room No.502, of which possession is already taken over by Respondent no.3. The order dated 26 th November, 2018 would be required to be read accordingly.
2. Be that as it may, the learned Counsel for the Petitioners submits that the Petitioners had long and continuous occupation in this premises and now the original allottees 1/2 ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 10:09:41 ::: 908-WPL3965-18.DOC Mr. Raghunath Govardhan Jaiswar and Mrs. Prabhavathi Chotelal Jaiswar have made an application dated 17th October, 2018 (page 64 and 71 of the paper-book) to the Chief Executive Officer of SRA requesting for permission or NOC to transfer the tenement in question to the respective Petitioners.
3. Mr. Kulkarni, learned Counsel has appeared for the SRA states that he would take instructions on the status of the said pending applications and would accordingly inform the Court on the adjourned date of hearing.
4. Considering the nature of the challenge as raised in the present petition, it would be in the interest of justice that no further coercive steps be taken against the Petitioners, who are in possession of Room No.501. Ad-interim order qua Room No.502 as noted above shall continue to operate. Ordered accordingly.
5. Stand over 12th December, 2018.
6. In the meantime, if the Respondents so desire they may place their respective replies on record.
[G. S. KULKARNI, J.] 2/2 ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 10:09:41 :::