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Bombay High CourtWP/3492/2015disposed off

Shri. Khadeshwar Mahadev Mandir, Khanda Through Trustees v. The Manager (Rhb) City And Industrial Development Corporation Of Maha. (Cidco) And ORS.

2015-09-08Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka2 pages

rsk WP-3492-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3492 OF 2015

1. Shri Khadeshwar Mahadev Mandir Khanda & Ors.

...Petitioners.

V/s.

1. The Manager (RHB) & Ors.

...Respondents.

Mr. Suresh S. Pakale a/w Mr. Saurabh Pakale i/b Mr. Avinash Ram Belge for the petitioners.

Mr. Kamlesh Ghamre for respondent Nos.1 to 4. CORAM : A.S.OKA & V.L. ACHLIYA,JJ.

DATE :

8th SEPTEMBER, 2015.

P.C.:

.

Learned Counsel for the 5th respondent has raised an issue of gross delay in filing the petition.

2.

We have perused the prayer clause 1(a). We have already recorded separately in the order passed today in Writ Petition No.6966/2012 that the Board of Directors of CIDCO intend to consider the proposal for cancellation of impugned resolution No.10136, which is the subject matter of challenge in this petition. 3.

In view of the order separately passed in the aforesaid petition, at this stage it is not necessary to consider the writ petition on merits. We, accordingly, dispose of the writ petition by keeping all the contentions of the parties on merits open. The contention of the 5th respondent based on delay is also kept open.

(V. L. ACHLIYA, J.) (A. S. OKA, J.)

rsk WP-3492-15.doc C E R T I F I C A T E " Certified to be true and correct copy of the original signed Judgment/Order."