Bombay High Court
Sahimunnisa Vali Mohammed Khan And Anr vs The State Of Maharashtra And Ors on 19 June, 2023
Author: N.R. Borkar
Bench: N.R. Borkar
2023:BHC-AS:16374
Digitally
signed by
MANGALTAI
MANGALTAI JAYWANT
JAYWANT JADHAV 34-WP-3364-23.odt
JADHAV Date:
2023.06.20
10:52:31
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 3364 OF 2023
Sahimunnisa Vali Mohammed Khan and anr. ...Petitioners
Versus
The State of Maharashtra and ors. ...Respondents
.........
Mr. Angad Giri for the Petitioner.
Mr. A. P. Vanarse, AGP for the State.
Mr. Anil R. Mishra for the Respondent No. 4.
.........
CORAM : N.R. BORKAR, J.
DATED : 19 JUNE 2023
P.C. :-
This Court on 16 March 2023 passed the following order:
"1.The Respondent No.3, the competent
authority, has passed an order dated
22/02/2023 directing the Petitioners to remove
the unauthorized structures. The Petitioners
have filed Appeal No. 375 of 2023 before the
Respondent No2. i.e., Additional Collector
(Encroachment and Removal) at Bandra,
Mumbai. That Appeal was filed on 28/02/2023
along with a stay application. The grievance of
the petitioners before the Court today is that the
stay application is not decided. Learned counsel
for the Petitioners states that the Petitioners
apprehend that, before their appeal is decided,
the structures would be demolished and
irreparable harm will be caused to them. He
submitted that the Appeal along with the stay
application was listed on 10/03/2023, but on
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34-WP-3364-23.odt
that date the Appellate Authority was not
available.
2. Considering this situation, the Petitioners can
be granted some protection till their stay
application is decided by the Appellate
Authority.
3. Hence, the following order:
ORDER
i) Issue notice to the Respondents, returnable on 19/06/2023.
ii) Learned A.G.P. waives service on the Respondent Nos. 1 and 2.
iii )By way of interim relief, the order passed by the Respondent No.3 on 22/02/2023 is stayed till the Petitioner's stay application is decided by the Appellate Authority i.e. Respondent No.2.
iv)It is clarified that, there is no stay on deciding the stay application in Appeal No.375 of 2023, as well as, for deciding the Appeal itself. The Appellate Authority can proceed to hear the stay application and the main Appeal itself.
v) Stand over to 19/06/2023."
2. Considering the overall facts and circumstances, the respondent No. 2- Additional Collector shall endeavour to decide the appeal filed by the present petitioner within three months from the date of receipt of copy of this order.
3. Interim order passed by this Court dated 16 March 2023 shall remain in force till decision of the appeal.
4. The Petition is disposed of in above terms.
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