Gautam Ganpat Sable vs Municipal Corporation Of Greater ... 2022 Latest Caselaw 127 Bom

Bombay High Court Gautam Ganpat Sable vs Municipal Corporation Of Greater ... on 4 January, 2022 Bench: Nitin W. Sambre (2)-WP-2493-21.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally WRIT PETITION NO.2493 OF 2021 signed by BALAJI BALAJI GOVINDRAO GOVINDRAO PANCHAL PANCHAL Date: 2022.01.04 17:52:19 Gautam Ganpat Sable ..Petitioner Versus +0530 Municipal Corporation of Greater Mumbai and Ors. ..Respondents Mr. Ramchandra K. Mendadkar, for the Petitioner. Mr. Om Suryavanshi, for the Respondent No.1 - MCGM. Mr. Irfan Shaikh i/by Sachindra B. Shetye, for Respondent No.2 - State Election Commission. None for Respondent No.3. CORAM : NITIN W. SAMBRE, J. DATE : 4th JANUARY, 2022 P.C. 1. Heard. 2. Leave to amend. 3. Amendment be carried out within one week. 4. With the assistance of counsel for the petitioner, I have perused the evidence of PW-2 - Dnyaneshwar Suresh Kutwad, who is working as Deputy Collector (Enroachment), 'N' Ward. His testimony is analyzed in the judgment impugned and finding is recorded that the property over which the encroachment is shown is BGP. 1 of 2 (2)-WP-2493-21.doc. recorded in the name of late father of the returned candidate - respondent No.3. 5. Since the returned candidate has not contested the said notice of removal of encroachment, case for consideration is made out. 6. Hence, Admit. 7. Mr. Om Suryavanshi, learned counsel waives notice on behalf of respondent No.1 - MCGM. 8. Mr. Irfan Shaikh, learned counsel waives notice on behalf of respondent No.2 - State Election Commission. [NITIN W. SAMBRE, J.] BGP. 2 of 2