Smt. Lata Sudam Patil v. The Managing Director, Cidco And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 915 of 2016 Smt. Lata Sudam Patil .....Petitioner versus The Managing Director, City and Industrial Development Corporation Ltd. and ors.

.....Respondents Mr. Rahul Thakur, advocate for the petitioner. Mr. P. J. Das, advocate for the respondent Nos. 1 to 4 - CIDCO. Mrs. M. P. Thakur, AGP for the State.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 29th JUNE, 2018.

P. C. :

The learned counsel for the petitioner, at the outset, restricts this petition to the relief claimed under prayer clause (c) which reads as under:

"(c) This hon. court may be pleased to direct the Respondent No.1 to 4 to consider the application dated 26/6/2015 filed by the Petitioners for regularization of her house which is annexed and attach at Exhibit -F to this Petition and unless a final decision about regularization of her house is taken, not to take any action to demolish her house bearing house no.227-002 at Village Talavali." 2.

The petitioner has filed representations for regularization of her house, copies of which are annexed at "Exhibits - E and F" at pages Shubhada S Kadam 1/3

28 and 29. The learned counsel for the respondent Nos.1 to 4 submitted the the petitioner's representations/applications for regularization of her structure would be decided independently on its own merits. 3.

In the light of the above, we deem it convenient to dispose of the petition by directing the respondent No.3 to decide the petitioner's representations/applications, copies of which are annexed at "Exhibits- E and F" as expeditiously as possible and in any case, within a period of eight weeks from today. Ordered accordingly. 4.

It is made clear that we have not gone into the merits of the matter and all rights and contentions of the respective parties are kept expressly open to be agitated before the appropriate authority. The respondent No.3 shall decide the petitioner's said representations/applications independently on its own merits and in accordance with law.

5.

In order to enable the respondent No.3 to comply with this order, the petitioner shall remain present before him along with the copies of the aforesaid representations/application as well as copy of this order on 9th July, 2018 at 11.00 a.m..

Shubhada S Kadam 2/3

6.

Both the petitioner as well as respondents shall maintain status-quo regarding the subject structure.

7.

The writ petition stands disposed of.

[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] Shubhada S Kadam 3/3