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Bombay High CourtWP/3146/2017disposed off

Gurunath Charu Patil v. The City And Industrial Development Corporation And ORS.

2019-10-10Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 38-WP-3146-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3146 OF 2017 Gurunath Charu Patil

...Petitioner

vs.

The City & Industrial Development Corporation and Ors.

...Respondents

---- Ms. Aparna Devkar i/b M/s. M. P. Vashi & Associates for the Petitioner. Mr. Sarthak Diwan i/b Mr. A. M. Kulkarni for Respondent Nos.1 to 3. Mr. Y. S. Khochare, AGP for the Respondent No.4. ---- CORAM : B. P. DHARMADHIKARI & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 10/10/2019.

P.C.:

.

Petitioner has approached this Court with grievance that without complying order dated 20/4/2015 in Writ Petition No.3815/2015 notice for removal/demolition was issued.

2.

This Court has on 15/3/2017 directed advocate representing CIDCO to take instructions whether order dated 20/4/2015 has been complied with or not.

3.

The matter was thereafter placed before the Court on 23/8/2018 and Respondents were given time of 4 weeks to file reply and ad-interim order was continued. The matter then came up on 15/4/2019, 22/4/2019 and thereafter on 17/6/2019. No reply affidavit is filed on behalf of Respondent Nos.1 to 3.

rsk 2/2 38-WP-3146-17.doc 4.

Learned counsel on their behalf is seeking time. He has been informed that representation made by the petitioner was rejected after 15/3/2017 on merits.

5.

Petitioner has not amended the petition to point out that objection. Respondent Nos. 1 to 3 have not filed any reply affidavit to bring rejection on record. In this situation, without prejudice to contention of the parties, we direct Respondent Nos.1 to 3 to serve a copy of order of rejection upon the petitioner within 4 weeks from today. 6.

If the petitioner is not agreeing therewith, he shall take suitable steps within a period of next 4 weeks. 7.

Ad-interim order passed by this Court shall continue to operate till then and shall cease to operate on the expiry of 8 weeks. With these directions, the writ petition is disposed of. (SMT. ANUJA PRABHUDESSAI, J.) (B. P. DHARMADHIKARI, J.)