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Bombay High CourtWP/1694/2024disposed off

Naresh Harumal Wadhwani And ANR v. The Town Planner Ulasnagar Municipal Corporation Town Planning Dept And ORS

2024-04-30Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Justice Kamal Khata2 pages

Urmila Ingale 515-wp-1694-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1694 OF 2024 NARESH HARUMAL WADHWANI AND ANR.

..PETITIONERS VS.

THE TOWN PLANNER ULHASNAGAR MUNICIPAL CORPORATION TOWN PLANNING DEPT AND ORS.

..RESPONDENTS Mr. Vishal Kanade i/b Mr.Sumedh S. Modak, for the Petitioners.

Mr. Vijay D. Patil for the Respondent No.2.

Ms.M.P. Thakur, AGP for State.

CORAM : M. S. KARNIK & KAMAL KHATA, JJ.

DATE : APRIL 30, 2024 P.C.:

1.

Not on board. Mentioned. Taken on board.

2.

Learned counsel Shri Patil appearing on behalf of the respondent no.2 on instructions makes a statement that the respondent no.2 is willing to withdraw the impugned notice dated 12/09/2023. Shri Patil on instructions submits that fresh notice will be given to the petitioners and appropriate orders will be passed on such show cause notice after hearing the petitioners in accordance with law. 1/2

Urmila Ingale 515-wp-1694-24.doc 3.

Consequently as nothing survives for consideration in the petition, there is also no question of now giving effect to the notice dated 25/04/2024. Shri Patil submits that a fresh show cause notice will be issued within a period of 1 week from today. Within a period of 6 weeks from the date of issuance of such notice, the show cause notice will be taken to the logical conclusion after giving an opportunity of personal hearing to the petitioners.

4.

In this view of the matter, the petition is disposed of. (KAMAL KHATA, J.) (M. S. KARNIK, J.) 2/2 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 30/04/2024 19:12:30