Nutan Shriniwas Co-Op. Housing Society Limited , Through Its Secretary / Chairman And ANR. v. State Of Maharashtra, Through The Secretary And ANR.

16.wpst.4072.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 4072 OF 2018 Nutan Shriniwas Co-op.Hsg. Ltd. & Ors.

...Petitioners.

vs The State of Maharashtra & Ors.

...Respondents

.....

Mr R.R.Ramamurthy for the Petitioners.

Mr S.H.Kankal AGP for Respondent Nos.1 and 2/State. .....

CORAM : R.D.DHANUKA, J.

APRIL 16, 2018.

P.C. :

Heard learned counsel for the petitioner and Respondent Nos.1 and 2. By consent of parties, the impugned Judgment and Order 2nd November, 2017 (Exhibit "Q") passed by Respondent No.2 is set aside. The matter is remanded back to Respondent No.2 for deciding the matter afresh after hearing the Petitioners and after considering the submissions those may be made by the Petitioners and without being uninfluenced by the impugned revised demand dated 2nd November, 2017. Respondent No.2 to decide the matter within a period of two months from the Pg 1 of 2

16.wpst.4072.2018.doc date of receipt of the order. The amount deposited by the Petitioners would be subject to the order that may be passed by Respondent No.2.

The petitioners are directed to appear before Respondent No.2 on 23rd April, 2018 at 11.00 a.m. The interim relief granted by this Court on 3rd March, 2018 to continue till the decision of the matter. If any adverse order is passed by Respondent No.2 against the petitioners the extension of interim relief shall be for further period of two weeks from the date of the order of said communication. The Petitioners would be at liberty to file further pleadings and documents and raise the averments and submissions made in this Writ Petition before Respondent No.2. All the parties to act on the authenticated copy of this order. The Writ Petition is disposed of accordingly. No order as to costs. ( R.D.DHANUKA, J.) Pg 2 of 2