Jesal Park Swetamber Martipujak Jain Trust v. State Of Maharashtra Thr Goverment Pleader And ORS

bipin prithiani 28-wp-6687.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BIPIN DHARMENDER PRITHIANI Date: 2023.06.07 20:06:01 +0530 BIPIN DHARMENDER PRITHIANI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6687 OF 2023 Jesal Park Swetamber Martipujak Jain Trust ...

Petitioner

Versus

State of Maharashtra & Ors.

...

Respondents ****** Mr. Mayur Khandeparkar a/w Mr. Pratik Amin and Ms. Suveena Shetty for the Petitioner.

Mr. A. A. Alaspurkar, AGP for the Respondent No.1-State. Mr. Surel Shah a/w Ms. Pratibha Rupnawari and Ms. Mani Jain i/by Samatva Legal Associates for the Respondent No.6. Mr. M. S. Lagu for the Respondent Nos. 2 to 5-Corporation. Mr. J. S. Yadav for the Intervenor-Original Complainant. ****** CORAM: SUNIL B. SHUKRE & R. N. LADDHA, JJ.

DATE : 6th JUNE, 2023 P.C. :- .

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent. 3.

Learned counsel for the Corporation submits that the Corporation is willing to hear the petitioner as well, in pursuance of the order passed by this Court on 13th January, 2023 in Writ Petition No. 532 of 2023. Considering the willingness of the Corporation to give opportunity of hearing to the petitioner, we dispose of the petition by directing the Corporation to grant reasonable opportunity

bipin prithiani 28-wp-6687.23.doc of hearing to the petitioner while deciding the dispute regarding the purpose and user of first and second floor in question. In case, the decision goes adverse against the petitioner, same shall not be implemented for two weeks from the date of the decision. 4.

Rule is made absolute in the above terms.

[R. N. LADDHA, J.] [SUNIL B. SUKHRE, J.]