Bombay High Court
Babu Mumtazali Choudhary vs The State Of Maharashtra And Anr on 1 February, 2023
Bench: R.D. Dhanuka, M.M. Sathaye
905 WP 31468 OF 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.31468 OF 2022
Babu Mumtazali Choudhary ...Petitioner
Versus
The State Of Maharashtra And Anr. ...Respondents
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Mr.Yashodeep Deshmukh & Mr.Akhilesh M. Yadav, for Petitioner.
Mr.Sukanta Karmakar, AGP for Respondent No.1-State.
Mr.Jagdish G. Aradwad (Reddy) for Respondent No.2-SRA.
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CORAM : R.D. DHANUKA &
M.M. SATHAYE, JJ.
DATED : 1st FEBRUARY, 2023 P.C. :
1. By this petition, the Petitioner seeks a writ of Mandamus and directions to Respondents, not to interfere and disturb the possession of Petitioner in respect of the land described in the petition and seeks permanent injunction against the Respondents. It is case of the Petitioner that though name of the Petitioner was recorded in respect of 279 sq. mtrs. area in the mutation entry on 17.05.2018 as reflected at page 49 of the petition, no notice was issued by the Slum Rehabilitation Authority under the provisions of Maharashtra Slum Areas (Improvements, Clearance and Redevelopment) Act, 1971.
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905 WP 31468 OF 2022.doc
2. In our view, prima facie there is substance in the submission made by the learned counsel for the Petitioner. The name of the Petitioner was entered in mutation record on 17.05.2018. However, notices were issued by the Slum Authority much later on 05.01.2019, 07.02.2019 and 30.06.2020 without including name of the Petitioner. Now by letter dated 05.09.2022, the Slum Authority has directly called upon Petitioner to take compensation.
3. In that view of the matter, the Respondent No.2 is directed to file affidavit in reply within two weeks from today with a copy to be served upon the Petitioner's advocate simultaneously. Rejoinder, if any, to be filed within one week thereafter with a copy to be served upon the Respondents' advocate simultaneously.
4. Place the matter on board for 'Admission' on 13.03.2023.
5. Till 17.03.2023 the Respondent No.2 shall not dispossess the Petitioner from the writ property and shall not take any coercive steps to enforce the impugned notification published in Official Gazette on 09.07.2020 or in pursuance of letter dated 05.09.2022.
6. Leave to amend the petition is granted to implead the Society at whose instance the eviction proceedings are initiated by Respondent No.2. Amendment shall be carried out within one week Husen Page 2 of 3 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 05/02/2023 03:49:25 ::: 905 WP 31468 OF 2022.doc from today. Amendment shall also be carried out in the copies supplied to the Respondents. The Petitioner is directed to take steps to serve the newly added party within three weeks from carrying out the amendment. Newly added party would be at liberty to file an affidavit in reply, if any, within two weeks from the date of service of the papers and proceedings upon them with a copy to be served upon the Petitioner's advocate simultaneously. Rejoinder, if any, to be filed within one week thereafter with a copy to be served upon the respondents' advocate simultaneously.
7. Petitioner is directed to communicate this Order to newly added party.
8. Mr.Aradwad, learned counsel for the Respondent No.2 undertakes to communicate this Order to the concerned Officer for information and compliance.
9. The parties to act on the authenticated copy of this order.
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