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Bombay High CourtWP/701/2018disposed off

Abdul Hassan Hakikullah v. The Ward Officer Ward No. 3 And ORS.

2018-03-19Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

23-WP-700-2018-CONNECTED.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 700 OF 2018 Mehndi Hassan Hakikullah ... Petitioner

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents WRIT PETITION NO. 701 OF 2018 Abdul Hassan Hakikullah ... Petitioner

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents WRIT PETITION NO. 702 OF 2018 Khan Allauddin Mehadi Hassan ... Petitioner

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents WRIT PETITION NO. 703 OF 2018 Mohd. Hanif Khan Putra Tahasil ... Petitioner

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents WRIT PETITION NO. 704 OF 2018 Jagdish Govind Yadav ... Petitioner

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents WRIT PETITION NO. 705 OF 2018 Nandlal Jokolal Yadav ... Petitioner 1/2

23-WP-700-2018-CONNECTED.DOC

Versus

The Ward Officer, Ward No.3, Malegaon Municipal Corporation & Ors.

... Respondents Mr. Mahendra N. Sandhyanshiv for the Petitioner. Mr. Shriniwas S. Patwardhan, for the Respondent Nos. 1 to 3. Mrs. R.A. Salunkhe, AGP for Respondent No.4.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

19TH MARCH 2018.

PC:- 1.

The learned counsel appearing for the Petitioners states that the applications for regularisation made by the Petitioners in this Petition have been rejected by the Malegaon Municipal Corporation. If that be so, the remedy of the Petitioners is .to prefer appeals under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. In view of availability of the remedy, we dispose of the Petitions while keeping the remedy expressly open. 2.

To enable the Petitioners to prefer appeals, we direct that the ad-interim relief which is in operation till today shall continue to operate for a period of one month from today. We make it clear that the Appellate Authority shall decide the Appeal on its own merits without being influenced by the continuation of ad-interim relief.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2