Yeshwant Narayan Pedamkar v. The State Of Maharashtra And ORS

kvm 1/1 904-WPST13081.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.13081 OF 2018 Yeshwant Narayan Pedamkar ..... Petitioner

VERSUS

The State of Maharashtra & Ors.

..... Respondents Mr.S.S.Kulkarni, i/b. Ms.Minal V.Chavan for the Petitioner. Ms.K.N.Solunke, A.G.P. for the State.

CORAM :

R.D. DHANUKA, J.

DATE :

14th JUNE, 2018 P.C.

In my view, the appeal under section 35 (1A) of the Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 is maintainable against the order which is impugned in this writ petition. On this ground, Mr.Kulkarni, learned counsel for the petitioner on instruction seeks liberty to withdraw this writ petition with liberty to file an appeal before the Grievance Redressal Committee under section 35(1A) of the Slums Areas (Improvement, Clearance and Redevelopment) Act, 1956.

2.

Writ petition is dismissed as withdrawn with liberty as prayed. If any application is filed for condonation of delay in filing appeal before the Appellate Authority by the petitioner, the Appellate Authority shall consider principles of the exclusion of time under section 14 of the Limitation Act in view of the fact that the writ petition was pending before this court. There shall be no order as to costs.

[R.D. DHANUKA, J.]