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Bombay High CourtWP/836/2019disposed off

Thane Manisha Co-Op. Soc. Ltd. v. The State Of Maharashtra Thru Urban Development Dept. And ORS

2019-04-26Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

905.wp.836.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.836 OF 2019 Thane Manisha Co-op.Soc. Ltd ..Petitioner Vs.

The State of Maharashtra and Others ..Respondents Mr. Shardul Singh I/b Mr. J. M. Joshi, for the Petitioner. Mrs. M. P. Thakur, AGP, for Respondent No.1.

Mr. R. S. Apte, Senior Advocate a/w Mr. Ajit R. Pitale, for Respondent Nos.2 and 3.

Mr. Amol P. Mhatre, for Respondent No.4.

CORAM:-S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATE :- APRIL 26, 2019.

P. C.:

After this matter was argued for some time, Mr. Singh, on instructions, prays for leave to withdraw the Writ Petition with liberty to file a Civil Suit.

The request made by him is that, an order was passed on 22nd January, 2019 in this Petition and that be continued for a reasonable period so as to enable the Petitioner to approach a Aswale 1/2

905.wp.836.19.doc Competent Civil Court.

Since the Petitioners are occupying the premises from the time they have been inducted and despite knowing that there is a notice issued by the Municipal Corporation and the Municipal Corporation having not shown any inclination to enforce its own notice, such state of affairs, as are brought about by the order of this Court, would continue at the risk of the Municipal Corporation and its officials for a period of two weeks from today. The Writ Petition is disposed as withdrawn with liberty as prayed.

( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 2/2