-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1346 OF 2007 APPLICATION NO.1346 OF 2007 APPLICATION NO.1346 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.731 OF 2007 APPEAL NO.731 OF 2007 APPEAL NO.731 OF 2007 Chandrashekhar Madhukar Chorge ...Applicant vs. District Inspector of Land Record Town Land and others ...Respondents Mr.Sugandh Deshmukh for the Applicant Mr.S.N.Gawade A.G.P. for State Mr.P.P.Chavan h/f Mr.V.M.Bhate for Respondent 3. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 9,2008 : JANUARY 9,2008 : JANUARY 9,2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. As the Second Appeal is admitted for final hearing, the first and second Respondents will have to be restrained from taking action on the basis of notice dated 13th March 1990. However, it will be open for the State Government to hold an enquiry under sub section 2 of section 20 of the Maharashtra Land Revenue Code,1966. It will also be open for the third Respondent to take action against the structure erected by the Applicant. 2. Hence, Civil Application is disposed of by passing the following order : i) Till the final disposal of the Appeal, the Respondent Nos.1 and 2 are restrained from taking any action on the basis of notice dated 13th March 1990 which is the -2- subject matter of challenge in the suit. ii) This order will not preclude the third Respondent from proceeding against the applicant for recovery of possession or demolition of the structure after following due process of law. This order will not preclude the State Government from holding an enquiry under sub section 2 of section 20 of the Maharashtra Land Revenue Code,1966. It is obvious that the authorities are bound to follow principles of natural justice. iii) It is made clear that grant of interim relief shall not be construed to mean that this court has upheld the legality and validity of the structure erected by the Applicant. iv) There will be no order as to costs. JUDGE JUDGE JUDGE