1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7878 OF 2007 Shivlal Ghirao Kalwar ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.K.P.Anilkumar, advocate, for petitioner Mr.G.S.Godbole i/b.M/s.Maravoor Wamorkar, advocate, for respondent No.2 Mr.R.M.Patne, AGP, for the respondent Nos.1, 3 and 4 CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . This Writ Petition is directed against an order passed by the Commissioner, Konkan Division, Mumbai. A copy of which is annexed to this Writ Petition as annexure 'J'. That order was passed on an application for stay. The appeal is directed against the said order dated 10/10/2007 and impugned notice dated 12/10/2007. It was issue by the Deputy Collector (Encroachment Removal) and Competent Authority, Dharavi Division. The petitioner is the original appellant and he is 2 directed to remove the structure and give vacant possession of the land under it to the developer otherwise,the same will be demolished. 2. The application for stay has been rejected by the impugned order. The main appeal is pending and I am informed that same is fixed for hearing and final disposal on 24th March, 2008. In such circumstances, any observation by this Court would only prejudice the case of the parties on merits. Therefore, the Writ Petition is disposed of by directing that the Commissioner should decide the appeal uninfluenced by any observation at the stage of grant of interim protection. All contentions of both the parties on merits are expressly kept open. Writ Petition is disposed of. (S.C.DHARMADHIKARI, J.)