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Bombay High CourtWP/4487/2013disposed off

Shri. Dilip Tatyasaheb Nitave v. The Chief Officer, Municipal Council Jaysingpur And ORS

2019-06-21Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

902 WP-4487-13.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4487 OF 2013 Shri Dilip Tatyasaheb Nitave ...

Petitioner Vs The Chief Officer, Municipal Council Jaysingpur and Ors.

...

Respondents Mr.Vijay Killedar for the Petitioner.

Mr.G.M.Savagave for Respondent No.1.

Mr.V.M.Mali, AGP for State-Respondent Nos.2 and 3.

Mr.Saurabh Oka for Respondent No.5.

Ms.Priyanka Menon for Respondent No.9.

CORAM :- S. C. DHARMADHIKARI & G.S.PATEL, JJ.

DATE :- JUNE 21, 2019 P.C. :- 1.

After this matter was argued for some time on earlier occasion and even today, the learned advocate appearing on behalf of the first respondent (Municipal Council Jaysingpur), on instructions, states that the certificate impugned in the writ petition, issued by the first respondent on 1st February, 2011 stands withdrawn. It having been withdrawn by the Council, the M.M.Salgaonkar

902 WP-4487-13.doc concerned persons will have to make an application invoking the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001. If that is invoked and application is made for issuance of the certificate, the matter shall be decided by the first respondent on its own merits strictly in accordance with law, uninfluenced by the issuance of the earlier certificate. All contentions of all parties are kept open. The writ petition is disposed of in the above terms.

2.

The original file is returned to Mr.Savagave appearing on behalf of the first respondent.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) M.M.Salgaonkar