JUDGMENT :

R. D. DHANUKA, J.

1. By this petition filed under Article 226 of the Constitution of India, the petitioner have prayed for a writ of mandamus for quashing and setting aside the order dated 21st October 2022 passed by the respondent No.2 thereby directing the petitioner to remove the offending structure.

2. The petitioner claims to be owner of the land underlying between petitioner and Sharadchandra Madhav Oak admeasuring 2000 sq. yards by an agreement dated 23rd February 1984. It is the case of the petitioner that upon demise of Sharadchandra Madhav Oak, his legal heir Sunita Arvind Vaidya entered into an agreement with respondent No.3 on 13th October 2014. The petitioner filed a Civil Suit bearing R.C.S. No.626/2015 before the learned Civil Judge, Junior Division, Kalyan. Petitioner and obtained interim order against respondent No.3 from dispossessing the petitioner from the said structure.

3. Insofar as the order which is the subject matter of this petition is concerned, it is common ground that the Municipal Corporation had passed an order dated 26th February 2016 in respect of the properties including the property claimed by the petitioner, by declaring the properties as