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Bombay High CourtWP/3980/2017disposed off

Proposed Kardage Park Housing And Industrial Complex Society Ltd. And ORS. v. Collector And ANR.

2017-07-04Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3980 OF 2017 Proposed Kardage Park Housing and Industrial Complex Society Ltd.

and ors

...Petitioners

Vs Collector and anr.

..Respondents Mr. Yuvraj P. Narvankar a/w. Mr. Anup Lahoti for the Petitioner. Ms R.M. Shinde, AGP for the Respondent Nos.1 and 2 - State. Mr. Parashram G. Urkude, Nayab Tahsildar, Tal. Karvir, Dist. Kolhapur. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 4, 2017.

P.C. :

.

We find that the petitioners have submitted the representation dated 6th February 2017 (Exhibit-R) against the impugned recovery initiated by the Tahsildhar. 2] Learned AGP for the respondents - State, on instructions, submitted that the Collector, Kolhapur is seized over the matter and he will be hearing the petitioners and will pass an appropriate orders taking into consideration all the grounds raised by the petitioners in the said representation.

Dinesh Sherla 1/2

2 30-wp-3980-17.sxw 3] We also find that there is one more representation filed by the petitioners, i.e., representation dated 1st March 2017 (Exhibit-S). 4] Keeping in view of the aforesaid facts, we dispose of the petition by directing the petitioners to appear before the Collector, Kolhapur on 13th July 2017 at 11.00 a.m. The Collector, Kolhapur shall give an opportunity of hearing to the petitioners and after considering the grievances of the petitioners and taking into consideration of all the relevant documents, as may be filed by the petitioners, shall pass an appropriate order on it. Till the petitioners' representations as aforesaid are not decided, no coercive steps to be taken against the petitioners in pursuance of the impugned demand notices. The decision, as may be taken by the Collector, shall be communicated to the petitioners by the Collector.

5] With aforesaid directions, the writ petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2