Naresh B. Lalwani v. Sub Divisional Officer, Ulhasnagar And ANR

14 - WP. 951-2020 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 951 OF 2020 Naresh B. Lalwani ...

Petitioner Vs.

Sub-Divisional Officer, Ulhasnagar and Anr.... Respondents *** Ms. Minal J. Chandnani, for the Petitioners.

Ms. M. S. Bane, AGP for Respondent Nos. 1 and 2. *** CORAM : C. V. BHADANG, J.

DATE : FEBRUARY 4, 2020 PC :

1.

This petition can be disposed of on a short count, as petitions involving similar issue have already been decided by this Court.

2.

The challenge in this petition is to the order dated 16th November, 2019 passed by Respondent No. 1 thereby refusing to entertain the application dated 2nd November, 2019 filed by the Petitioner under the provisions of Displaced Persons (Compensation and rehabilitation) Act, 1954 on the ground that the application is filed on 2nd November, 2019 i.e. after repeal of the said Act. Digitally signed by Vinayak P.

Halemath Date:

2020.02.06 12:43:57 +0530 3.

The learned counsel for the Petitioner submitted that the Vinayak P.

Halemath said order has been passed without hearing the Petitioner. She has pointed out order dated 13th January, 2020 passed in Writ Petition No. 1 / 2

14 - WP. 951-2020 11783 of 2019 whereby this Court has remitted the matter back to the Respondent No. 1 for deciding similar application afresh, on merits and in accordance with law. She prays for a similar order in the present petition.

4.

I have also heard the learned AGP for the Respondents. 5.

Having regard to the fact that in Writ Petition No. 11783 of 2019 in similar circumstances this Court has remitted the matter back, and further having regard to the fact that, according to the Petitioner, the impugned order is passed without hearing the Petitioner, the petition is allowed. The impugned order is hereby set aside. The application dated 2nd November, 2019 filed by the Petitioner is remitted back to the Respondent No. 1 for deciding it afresh, after hearing the Petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt hereof. 6.

The writ petition is disposed of in the aforesaid terms, with no order as to costs.

Sd/- C. V. BHADANG, J.

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