(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) It appears from our order dated February 16, 2012 that respondent no.5, in its affidavit admitted that there was encroachment complained of in the application and further asserted that February 21, 2012 was the date fixed for removing the encroachment. We accordingly fixed the matter for further hearing on February 23, 2012 but the matter was not taken up.
Today, when the matter was taken up for hearing, Mr. D.M. Devnani, the learned advocate appearing on behalf of the petitioner submitted that his client is not willing to press the application.
Since we have already issued notice and the State respondent has admitted encroachment complained of in the application, we do not permit withdrawal of the application at this stage.
Mr.
H.S. Munshaw, the learned advocate appearing on behalf of respondents no. 3 and 5 submits that pursuant to the statement made in the affidavit of his client, part encroachment was removed but still there is encroachment and he has been given to understand by his client that his client will take fresh steps for removal of further encroachment with the help of police and for the above purpose, his client intends to file fresh affidavit disclosing the actual date of the proposed removal of encroachment.
Mr.
Munshaw prays for fixing the matter on July 5, 2012 for filing of such affidavit. Let the matter appear on July 5, 2012.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-