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Bombay High CourtWP/2475/2017disposed off

Dr. Kantilal Dharsi Suchak v. Kalyan Municipal Corporation

2017-09-21Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice B.R. Gavai1 pages

929-WP-2475.17 BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2475 OF 2017 Dr. Kantilal Dharsi Suchak ..... Petitioner.

V/s Kalyan Municipal Corporation ..... Respondent.

Mr. Akshay Deshmukh h/f Mr. U.P. Warunjikar, Advocate for the Petitioner.

Mr. A.S. Rao, Advocate for Respondent - KDMC CORAM: B. R. GAVAI & M.S. KARNIK, JJ.

DATE: 21st September, 2017 P.C.:- Since the facts in the present Writ Petition are identical with the facts in Writ Petition No. 6403 of 2016 and in Writ Petition No.6026 of 2016 decided by this Court by its judgment and order dated 25th July, 2017, for the reasons stated in the said judgment and order, the notices issued under sub-section (2) of Section 22 of the Maharashtra Municipal Corporations Act, 1949, stand quashed set aside. The Petitioner, in the present Writ Petition, will be governed by the directions as issued in the said Judgment and Order dated 25th July 2017 passed in Writ Petition No. 6403 of 2016 and in Writ Petition No.6026 of 2016. Insofar as reconstruction of the compound wall is concerned, the Petitioner would be at liberty to apply to the Corporation, which application would be considered in accordance with law.

(M. S. KARNIK, J. ) (B. R. GAVAI, J. ) 1/1