(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6168 OF 2010 1. Shivani wd/o. Ganesh Babar, Age : 30 years, Occupation : Self Employed, R/o. A-103, Building No.69, Tulsi Niwas CHS Ltd., Tilaknagar, Chembur, Mumbai. 2. Purvesha d/o. Ganesh Babar, Age : 2 years (minor), under guardianship of natural mother i.e. petitioner no.1, r/o. as above. .. Petitioners. versus 1. The State of Maharashtra, Town Planning Department, Mantralaya, Mumbai. 2. Aurangabad Municipal Corporation, Through its Commissioner, Aurangabad Municipal Corporation, Town Hall, Aurangabad. 3. Pradeep Gawli, Age : 48 years, Occupation : Ex-Serviceman, R/o. C/o. Shivaji Ranaji Wagh Sir (Ex-Serviceman), Mhasoba Nagar, Mayur Park, Harsool, Aurangabad. (2) 4. Shanti Balaji Babar, Age : 55 years, Occupation : Housewife, R/o. 602/A, Shub Sadan Cooperative Housing Society, Building No. 69, Tilaknagar, Chembur, Mumbai. .. Respondents. ....................... Mr. Gulam Dastagir Shaikh, Advocate, for the petitioners. Mr. S.K. Tambe, Assistant Government Pleader, for respondent no.1. Mr. S.N. Pagare, Advocate, for respondent no.2. Mr. Sandip S. Deshmukh, Advocate, for respondent nos.3 and 4. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 29TH NOVEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioners have sought a writ of mandamus, directing the respondent no.2, to take necessary action in furtherance to the notice dated 26th May (3) 2010, issued to the respondent no.3, for removing illegal construction done by respondent no.3 over the suit property. 2. Mr. S.N. Pagare, learned Counsel appearing for respondent no.2 / Municipal Corporation, makes a statement that he has received instructions, that some of the construction made by respondent no.3 is not in accordance with law and that the Corporation would take appropriate steps for removal / demolition of the same, in accordance with law, within a period of four weeks from today. 3. The statement made on behalf of the Corporation is taken on record and in the light of the statement, the petition is disposed of. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6168