The Collector Of Pune And ORS. v. Khandu Mahadu Muke

rpa 1/2 caw-1689-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1689 OF 2014 IN WRIT PETITION NO.2985 OF 2013 ------------------------------------------------------------------------------------------------- Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders ------------------------------------------------------------------------------------------------ ......

Mr. N. P. Deshpande, AGP for the Applicants.

Mr. Abhishek Deshmukh i/b. Mr. S. A. Sawant, Advocate for the Respondent (Orig. Petitioner) ......

CORAM : A.S. OKA AND C.V. BHADANG, JJ.

DATED :

FEBRUARY 10, 2016.

P.C.

Heard the learned AGP for the applicants and the learned counsel appearing for the respondent. Perused the averments made in the application. As far as prayer clause (a) is concerned, the application will be covered by order dated 28th April, 2014 passed by this Court in CAW No.560 of 2014 in Writ Petition No.4466 of 2013 and other connected applications. However, prayer clause (b) cannot be granted and the same stands rejected.

rpa 2/2 caw-1689-14.doc Accordingly, for the reasons recorded in order dated 28th April, 2014, the application is disposed of by passing the following order:

:: O R D E R ::

(i) Time granted under the order dated 28th April, 2014 to issue notice under Section 16(2) (a) of the said Act, is extended till 31st May, 2015;

(ii) we make it clear that this order is passed without prejudice to the rights and contentions of the applicants to apply for appropriate relief on the basis of their contention regarding failure of the petitioner to make an application under Sub-section (1) of section 16 of the said Act; (iii) all contentions of the original petitioner on this aspect are also kept open;

(iv) application is disposed of.

(C. V. BHADANG, J.) (A.S. OKA, J.)