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Bombay High CourtWP/3245/2003disposed off

Lachman Bhagoomal And ORS. v. The State Of Maharashtra And ANR.

2015-07-13Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

wp3245 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.3245 OF 2003 Shri Lachman Bhagoomal & Ors.

...Petitioners

vs.

The State of Maharashtra & Anr.

...Respondents

Mr.S.P.Kanuga i/b Ms Sapna Nath for the Petitioner Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : JULY 13, 2015 P.C.:

Heard the learned counsel for the petitioners and the learned AGP for the respondents. Though on 8th June 2015 a direction was issued to the second respondent to file a reply, the learned AGP states that he has not received any instructions.

Essentially, this petition under Article 226 of the Constitution of India has been filed for implementation of the order dated 3rd May 1979 passed by the second respondent which was corrected by a corrigendum dated 14th March 1980. The grievance made in this petition is that in terms of the said order passed by the second respondent, the petitioners have not been alloted a plot as directed by the said order.

As the learned AGP has not received any instructions, we dispose of the petition by passing

wp3245 the following order:

(I) We direct the petitioners or their authorised representative to appear before the second respondent on Monday 3rd August 2015 at 11.00 a.m.;

(II) The petitioners shall produce an authenticated copy of this order as well as certified copies of the orders dated 3rd May 1979 and 14th March 1980 before the second respondent;

(III) If the second respondent is satisfied that the order dated 3rd May 1979 as modified by order dated 14th March 1980 is still operative and valid, he shall take all possible steps to implement the said order within a period of two months from 3rd August 2015;

(IV) With the above directions, writ petition is disposed of;

(V) The second respondent to act upon an authenticated copy of this order.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)