* 1 * WP.7792.2011 22.9.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7792 OF 2011 Allauddin Mohammed Ismail & Ors. .......Petitioners V/S. Deputy Collector (Enc/Rem) & Ors. .......Respondents ****** Mr. R. Narula i/by. Mr. S.K. Chaurasia, Advocate for the petitioners. Mr. C.P. Sonawane, AGP for respondents no.1, 4, 6, and 7. Mr. Milind Sathe, Ms. Anjali Chandurkar i/by. Federal & Rashmikant, Senior Advocate for respondent no.2. Mr. J.G. Reddy, Advocate for respondents no.3 and 5. Mr. Shyam Mehta with Mr. J.P. Sen i/by. Kartikeya & Associates, Advocate for Intervenor. CORAM :- RANJIT MORE, J. 22 September, 2011. P.C. :- 1. At the outset, Mr. Sathe learned Senior Counsel appearing for the petitioners and Mr. Sonawane, learned AGP for respondents no. 1, 4, 6 and 7 make a statement that out of 27 petitioners, 12 petitioners have already been evicted and possession of the respective tenements is taken by respondent no. 1-Deputy Collector (Encroachment/Removal), Bandra, Mumbai. They submit * 2 * WP.7792.2011 22.9.2011 that out of 27 petitioners, 15 petitioners have not yet evicted in view of the interim protection granted by this Court on 14th September, 2011. They have given a list of the petitioners who have yet not been evicted. They are petitioners no.10, 19, 22, 13, 1, 17, 24, 3, 16, 27, 26, 15, 5, 12 and 23. 2. Mr. Narula, after taking instructions from his client, does not dispute this statement made by Mr. Sathe and Mr. Sonawane. 3. After advancing arguments for some time, Mr. Narula seeks leave to withdraw the petition. Leave granted. Petition disposed off as withdrawn. 4. At this stage, Mr. Narula states that the petitioners who have not yet been evicted and who are in possession of the respective tenements may be granted some time to vacate the respective tenements/premises. Mr. Sathe and Mr. Sonawane have no objection for granting of reasonable time provided the respective petitioners give an usual undertaking in this Court within a period of one week from today. Additionally, they will also undertake to vacate the respective premises irrespective of the pendency of the proceedings against the order dated 25th August, 2011 passed by respondent no.1. In the above circumstances, the petition is disposed off by passing the following order : (i) Petitioners no.10, 19, 22, 13, 1, 17, 24, 3, 16, 27, 26, 15, 5, 12 and 23 are granted 4 weeks time to vacate the respective premises/tenements in their possession subject to filing of usual and additional undertaking * 3 * WP.7792.2011 22.9.2011 mentioned in para-4 above, in this Court within a period of 1 week from today. (ii) In case the undertaking as stated above is not filed within a period of one week from today, the impugned order is liable to be executed forthwith. 5. The petitioners who have already been evicted and possession of respective tenements taken by respondent no.1, are at liberty to approach the office of respondent no.1 with a request for removal of articles lying in their respective tenements. In case such a request is made, the same shall be considered by respondent no.1 sympathetically and permit those petitioners to take away the articles, if any, lying in their premises. 6. In view of the above, the order of status-quo already granted on 14th September, 2011 stands vacated. [RANJIT MORE, J]