wp10828to31-09.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10828 OF 2009 ALONGWITH WRIT PETITION NO.10829 OF 2009 Ashok Kumar Dubey ..Petitioner versus The Deputy Collector (E & R) and Competent Authority & Ors ..Respondents ALONGWITH WRIT PETITION NO.10830 OF 2009 Ramji Omkarnath Dubey ..Petitioner versus The Deputy Collector (E & R) and Competent Authority & Ors ..Respondents ALONGWITH WRIT PETITION NO.10831 OF 2009 Santoshkumar R. Dubey ..Petitioner versus The Deputy Collector (E & R) and Competent Authority & Ors ..Respondents Mr.A.M.Saraogi with Mr.Ranvir Shekhawat for the petitioner. Mr.S.N.Bhosle, A.G.P for respondent Nos.1 and 2. None for respondent No.3. CORAM : S.C.DHARMADHIKARI, J. 12th July 2011. P.C.: . The petitioner claims to be residing at a structure which wp10828to31-09.doc 2 is more particularly described in para 1 of these writ petitions. He claims that he has a photo-pass in respect thereof evidencing his physical possession and occupation for last more than twenty years. However, despite being protected occupier, the Collector as also the Divisional Commissioner, Konkan Division, have found him as an unauthorised occupant. That finding prejudices the petitioner and particularly because complete opportunity was not given to him to place his version. 2 The respondent No.3 is the local Corporator. Although amendment is carried out by the petitioner, the appearance of respondent No.3 is filed, but, none is appearing today on his behalf. The daily board shows the name of Mr.R.D.Mishra and Mr.Vijay Dubey for respondent No.3, both of whom are absent. After perusing the petition and their annexures and hearing Mr.Saraogi at some length, I am satisfied that these petitions can be disposed off with a direction that if the petitioner approaches the Collector of Mumbai with a written representation annexed therewith all relevant and necessary documents, the Collector to consider that representation and a personal hearing be given to wp10828to31-09.doc 3 the petitioner and respondent No.3 and pass necessary orders in accordance with law within a period of four weeks from the receipt of the said representation. Needless to state that if he does not receive any representation within one week from today, the Collector can proceed in accordance with law. (S.C.DHARMADHIKARI, J)