M/S. Charoti Kasa Petroleum And ORS. v. Shri. Dinesh Premji Shah And ORS.

skc 902-WP-2555-WPST-9963-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2555 OF 2015 M/s Charoti Kasa Petroleum & Ors.

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Petitioners vs.

Dinesh Premji Shah & Ors.

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Respondents WITH WRIT PETITION (STAMP) NO. 9963 OF 2015 Bharat Petroleum Corporation Limited ..

Petitioner vs.

State of Maharashtra & Ors.

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Respondents Mr. Sandesh D. Patil for Petitioners in WP No. 2555 of 2015. Mr. S. R. Page for Petitioner in WP (ST.) No. 9963 of 2015. Ms G. R. Golatkar - AGP for Respondent Nos. 5 and 6 in WP No. 2555 of 2015 and for Respondent Nos. 1 and 2 in WP (ST.) No. 9963 of 2015.

CORAM : M. S. SONAK, J.

DATE: 24 AUGUST 2018 P.C :

1] Heard the learned counsel for the parties 2] The learned counsel for the parties submit that both these petitions can be disposed of by a common order since, in both these petitions the challenge was to the common order dated 3rd February 2015 in Misc. Appeal No. 1 of 2013 made by the Divisional Commissioner, Konkan Division, Navi Mumbai. 3] The learned counsel for the parties point out that during the pendency of the present petitions, the Minister (Revenue), has by 1/2

skc 902-WP-2555-WPST-9963-15.doc order dated 24th September 2015 in fact set aside the Divisional Commissioner's order dated 3rd February 2015 which had been impugned in the present petitions.

4] In view of the aforesaid subsequent development, it is obvious that the reliefs claimed for in both these petitions have been rendered infructuous.

5] Both these petitions are accordingly disposed of as infructuous.

6] However, it is clarified that the disposal of the present petitions will not be construed as bar for any of the parties to challenge the order dated 24th September 2015 made by the Minister (Revenue).

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