Gauri Godse, J
1. Not on board. Taken up on production board at 12.00 p.m.
2. At the outset, learned counsel for the petitioner seeks leave to amend in terms of the draft amendment which is tendered in the Court. He submits
that draft amendment and the petition is served upon learned AGP.
3. Leave to amend granted. Amendment to be carried out forthwith.
4. This petition is filed for challenging the order dated 5th December 2023 passed by respondent no. 2-Collector, Mumbai under Section 54 of the
Maharashtra Land Revenue Code, 1966. By way of amendment, subsequent communication dated 22nd December 2023 is also challenged.
5. Learned counsel for the petitioner submits that in view of the subsequent communication dated 22nd December 2023 which is served upon
petitioner on 26th December 2023, Superintendent of Land Records, Mumbai City has directed that possession of the subject property will be taken by
12.30 p.m. today. Hence, in view of the extreme urgency, this petition is taken up on production board.
6. Learned AGP appearing for the respondents raises a preliminary objection that alternate remedy is available to the petitioner to approach the
Maharashtra Revenue Tribunal (MRT). In view of the preliminary objection raised, learned counsel for the petitioner on instructions states that the
petitioner is willing to withdraw this petition with liberty to approach MRT; however, in view of the impugned communication dated 22nd December
2023 he seeks urgent protection for a limited period to enable the petitioner to approach MRT.
7. Learned AGP on instructions makes a statement that the impugned order dated 5th December 2023 and impugned communication dated 22nd
December 2023 will not be implemented for a period of two weeks from today.
8. The aforesaid statement made on behalf of the respondents by the learned AGP is accepted.
9. In view of the said statement, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to approach MRT for the same
reliefs as prayed in the petition.
10. In view of the aforesaid, writ petition is disposed of as withdrawn with liberty as prayed.
11. Learned AGP to forthwith communicate this order to the concerned authorities.
All parties to act on the authenticated copy of this order.
