1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5755 OF 2009 Shri.Jayant Baliram Pise ..Petitioner V/s M.I.D.C.& Ors. ..Respondents Mr.K.S.Patil for the Petitioner. Mr.Prashant Chavan with Ms.R.J.Nathani i/by M/s.Navdeep Vora & Associate for Respondent Nos.1 & 2. Mr.V.S.Masurkar, Govt.Pleader for Resp.Nos.3 to 5. CORAM: F.I.REBELLO & K.K.TATED, JJ. DATE: 20th November, 2009. P.C.: 1. Petitioner approached this Court contending that the possession of the plot allotted to him by Respondent No. 1 has not been given and that there are encroachments on the said plot. Respondent No.1 does not deny that the plot is allotted to the petitioner. Their submission is that the possession has already been given. 2. However, to avoid the controversy learned counsel for Respondent No.1 makes following statements; (i)Respondent No.1 will sent officers at site on 2.12.2009 at 11.00 am and in the presence of the petitioner the 2 said plot will be demarkated. (ii) If there are any encroachements they will remove the same and handover the plot to the petitioner free from any encroachments. 3. Respondent No.3 is directed to remain present at site on 2.12.2009 at 11.00 am to assist the parties. 4. Copy of this order be served by the petitioner on Respondent No.3. 5. Respondent No.3 to act on the authenticated copy of this order. 6. Rule is made absolute accordingly. No order as to costs. (F.I.REBELLO, J.) (K.K.TATED, J.)