1 wp5056-10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ------------------------------------------------------------------------------------------ ---------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.5056/2010. Abdul Gaffar Jan Mohd. Vs The State of Maha. & Ors. .... Mr.N.L.Jadhav,Adv.for petr. Mr. B.V.Wagh,AGP for R.1&2. Mr.A.S.Deshpande,Adv.for R.3 Mr.D.M.Hadge,Adv.for R.5. .... CORAM : D.B.BHOSALE & A.V.NIRGUDE,JJ. DATE : 18/03/2011. 1] Heard learned counsel for the parties. 2] In this Petition, the petitioner has made the following prayer : "B] Respondent No.3 may kindly be directed to remove the encroachment made by respondent no.4 and 5 on the Municipal property, Beed, bearing No. 2 wp5056-10 3-4-7 within the period of 15 days from the date of order. 3] Respondent-municipal council has filed reply affidavit. We have perused the reply and more particularly paragraphs 6 and 9 thereof. Paragraphs 6 and 9 of the reply reads thus : 6] That the deponent further submits that therefore, the respondent No.5 was also issued notice u/s 54 of the Maharashtra Regional and Town Planning Act 1966 by this deponent. By way of this notice the respondent No.5 was asked to stop the illegal construction being raised by her. The copy of notice dated 10/6/2010 is annexed here with and marked as Exhibit R-1. 9] The deponent most respectfully submits that, since, the respondent No.5 is found to have constructed unauthorized construction, which, is not as per the sanction or 3 wp5056-10 permission, this respondent (deponent) has already initiated statutory action as per law which will definitely completed soon. 4] In view of the statements made on affidavit by respondent council in the aforementioned paragraphs, in our opinion, nothing further survives in the present Writ Petition. Petition is disposed of. We observe that the council will take the action initiated to its logical conclusion expeditiously. [A.V.NIRGUDE] [D.B.BHOSALE] JUDGE JUDGE umg/wp5056-10