Nutan Shriniwas Co-Op. Housing Society Limited v. The State Of Maharashtra Through The Secretary, Revenue And Forest Dept. And ANR.

skc 6-wp-1131-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1131 OF 2015 Nutan Shriniwas CHSL ..

Petitioner vs.

The State of Maharashtra & Ors.

..

Respondents Mr. Ramesh Ramamurthy with Mr. Saikumar Ramamurthy for Petitioner.

Ms Aparna Vhatkar - AGP for Respondents.

CORAM : M. S. SONAK, J.

DATE : 18 FEBRUARY, 2015 P.C. :- 1] The petitioner has made a representation to the Collector on 17 October 2014, with regard to the grievance which has been raised in the present petition.

2] The learned counsel for the petitioner points out that in a similar situation, by order dated 16 April 2013, the relief was granted to some other party, on the basis of reasoning and grounds urged by the petitioner in the representation dated 17 October 2014 as well as the present petition.

3] In the aforesaid circumstances, rather than entertain the present petition at this stage, it would be appropriate if the Collector is directed to consider the petitioner's representation dated 17 October 2014 afresh in accordance with law. The Collector to 1/2

skc 6-wp-1131-15 also consider the submission of the learned counsel for the petitioner in the context of order dated 16 April 2013. 4] The petitioner is also at liberty to file additional / supplementary representation to the Collector within a period one week from today, which shall be considered along with the representation dated 17 October 2014. The Collector, to complete this exercise within a period of six weeks from today after giving a personal hearing to the petitioners.

5] It is made clear that this Court has not examined the merits of the matter and all points are therefore kept open. 6] With the aforesaid observations, the present petition is disposed of.

7] Parties to act on the basis of an authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2