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Bombay High CourtWP/1640/2023disposed off

Kalpana Narayan Pathade v. The State Of Maharashtra Thr Principal Secretary And ORS

2023-08-08Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Rajesh S. Patil2 pages

18- WP 1640 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VAISHALI ANIL TIKAM Date: 2023.08.10 14:30:09 +0530 VAISHALI ANIL TIKAM WRIT PETITION No.1640 OF 2023 Kalpana Narayan Pathade

...Petitioner

Vs.

The State of Maharashtra the Principal Secretary and Ors.

...Respondents

****** Mr. Abhay Thorat for Petitioner Ms. Pooja Joshi for Respondent Nos.3 and 4- Corporation Mr. Y.D. Patil, AGP for Respondent Nos.1,5 and 7 for State CORAM :

SUNIL B. SHUKRE & RAJESH S. PATIL, JJ.

DATED : 8th AUGUST, 2023 P.C.:

1.

Heard. Rule. Rule is made returnable forthwith by consent of parties.

2.

It appears that the reply given by the Petitioner to the impugned notices dated 6th December, 2022 and 12th December, 2022 has not been considered in any manner by Respondent Nos.3 and 4 and that is the reason why the grievance of the Petitioner regarding illegal notice having been issued to her remains as it is. 3.

Learned counsel for the petitioner submits that the construction mentioned in impugned show cause notice dated 6th December, 2022 V A Tikam 1/2

18- WP 1640 of 2023.doc is authorized as the Petitioner holds appropriate permission for making that construction and this fact has not been considered by Respondent Nos.3 and 4 in any manner. As it is a fact that the reply of the Petitioner has not been considered in any manner by Respondent Nos.3 and 4, injustice has been caused to the Petitioner and, therefore, in our considered opinion, this is a fit case for interference.

4.

The Petition is partly allowed. The matter is remanded back to Respondent Nos.3 and 4 for considering the reply of the Petitioner in accordance with law and take their decisions in the matter after granting due opportunity of hearing to the Petitioner. Decision shall be taken within four weeks from the date of appearance of the Petitioner before Respondent No.3. Petitioner shall appear before Respondent No.3 on 21st August, 2023.

4.

Rule is made absolute in the above terms. No costs. (RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) V A Tikam 2/2