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Judgment
Heard learned counsel for the parties.
Issue notice to respondents.
Ms. Kavita Solunke waives service of notice for respondent Nos.1,4 5 and 6. Ms.K.H.Mastkar waives service of notice for respondent Nos.2 and 3. The learned counsel appearing for the respondent No.2 makes a grievance that the Municipal Corporation of Greater Mumbai has not been served. A copy of the petition has now been handed over to the learned counsel.
After hearing the parties for some time, we find that prima facie case has been made out for grant of interim relief in terms of prayer clause (E), which reads as under :
(E) To grant interim stay to the operation, execution and implementation of the impugned order dated 31.01.2017 passed by the learned Lokayukta, Maharashtra State, Mumbai directing to take necessary steps for removal of encroachment on the Musafirkhana Road, pending the hearing and final disposal of this Writ Petition.
It is made clear that this order shall not preclude respondent No.2 from taking action against the petitioner independently and by following due process of law.
List the petition for admission as per the CMIS date.
Parties to act on ordinary copy of this order duly authenticated by the Associate.