← Library
Bombay High CourtRPW/156/2015rejected

Shri. Prakash Vasudeo Deodhar And ORS v. The State Of Maharashtra And ANR.

2015-12-18Hon'Ble Shri Justice S.C. Gupte,Hon'Ble Shri Justice A.S. Oka2 pages

ash revptnst-8314.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST. NO.8314 OF 2014 IN WRIT PETITION NO.8266 OF 2012 Shri Prakash Vasudeo Deodhar & Others.

..

Petitioners Vs State of Maharashtra and Another.

..

Respondents -- Shri Suresh M. Kamble for the Petitioners.

Shri Hemant Prabhulkar i/b Juris Consultas for the Respondent No.2. -- CORAM :

A.S. OKA & S.C.GUPTE, JJ DATED : 18TH DECEMBER 2015 P.C.

1.

Heard the learned counsel appearing for the Review Petitioners. The learned counsel appearing for the Review Petitioners on instructions states that the Petitioners have no objection if the allotment of the plot admeasuring 550 sq. metres situated at Kamothe which is the subject matter of this Petition is made in favour of the allottees. The allottees are the legal representatives of the late Prabhakar Narayan Deodhar. We accept the said statement. 2.

The prayer made by the Petitioners in the Writ Petition was for grant of a writ of mandamus directing the second Respondent to execute a lease only in the name of the first Petitioner. The said prayer

ash revptnst-8314.14 has been rejected by the judgment and order dated 4th December 2013 of which the review is sought. The aforesaid statement shows that the Petitioners are accepting the judgment and order dated 4th December 2013.

3.

Hence, we pass the following order:

ORDER :

(a) The Review Petition is rejected.

(b) We direct the second Respondent to complete the allotment by the execution of necessary documents in favour of the original allottees as expeditiously as possible and preferably within a period of two months from today;

(c) Needless to state that the allotment by the execution of necessary documents shall be made subject to compliance with the requisite terms and conditions by the allottees.

(S.C. GUPTE, J) ( A.S. OKA, J )