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Bombay High CourtWP/4791/2018disposed off

Mr. Suresh Ramdev Yadav v. State Of Maharashtra And ORS.

2018-04-17Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

(516)wp-4791-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4791 OF 2018 Suresh Ramdev Yadav ..Petitioner.

v.

The State of Maharashtra & Others ..Respondents.

Mr.Hansharaj H. Jagtap, for the Petitioner.

Mr.Manish M. Patil, AGP for respondent No.1.

Mr.Rohit P. Sakhadeo, for respondent Nos.2 and 3. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

17th APRIL, 2018 P.C.

.

Not on board taken on board.

Heard learned Counsel appearing for the Petitioner, learned Counsel appearing for 2nd and 3rd respondents and learned AGP for the 1st respondent. Learned Counsel appearing for the Petitioner states that the Petitioner wants to apply for regularization. We accept the said statement. The fact that the Petitioner has agreed to apply for regularization shows that the Petitioner has accepted the correctness of the impugned order and the fact that the structure subject matter of this Petition is illegal.

In view of the aforesaid statement, we pass the following order : RKMore 1 of 2

(516)wp-4791-2018 1] It will be open for the Petitioner to make an application for regularization to the appropriate authority of the 2nd respondent in prescribed form and by prescribed mode within a period of 6 weeks from today through an Architect. If such an application is made within the stipulated period of 6 weeks from today, appropriate decision shall be taken thereon by the 2nd respondent within a maximum period of 6 weeks from the date of filing of the application; 2] The order passed on the application be communicated to the Petitioner's Architect. Till the date of communication of the order to the Petitioner's Architect, action of demolition shall not be taken on the basis of the impugned order.

4] We have made no adjudication on the merits of the prayer for regularization;

5] Petition is disposed of on above terms.

(RIYAZ .I.CHAGLA, J) (A.S. OKA, J) RKMore 2 of 2