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Bombay High CourtWP/6227/2023allowed to be withdrawn

Ramzan Noormohammad Shaikh And ORS v. State Of Maha. Thr. Sec. Urban Development Detp. And ORS

2023-05-12Hon'Ble Shri Justice Amit Borkar,Hon'Ble Justice Kamal Khata2 pages

20-aswp6227-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6227 OF 2023 Ramzan S/o. Noormohammad Shaikh & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.05.12 15:11:50 +0530 ATUL GANESH KULKARNI Mr. Rahul A. Shinde for the petitioners.

Mr. V.M. Mali, AGP for the respondents/State. CORAM :AMIT BORKAR & KAMAL KHATA, JJ.

(VACATION COURT) DATED :MAY 12, 2023 P.C.:

1.

At the outset, learned advocate for the petitioners seeks permission to withdraw the writ petition qua petitioner Nos.2 to 4. 2.

The writ petition is permitted to be withdrawn qua petitioner Nos.2 to 4 with liberty to file fresh writ petitions challenging individual notice.

3.

As regards petitioner No.1 is concerned, learned advocate for the petitioners, on instructions, seeks permission to file an application for regularisation under Section 53(3) of the Maharashtra Regional Town Planning Act, 1966. 4.

Such application shall be filed within two weeks from today.

20-aswp6227-2023.doc If such an application is filed as per Rules within two weeks from today, the planning authority shall decide such application within four weeks from the date of receipt of such application. 5.

For a period of six weeks from today, the structure of petitioner No.1 shall stand protected.

6.

The writ petition stands disposed of in above terms. No costs.

(KAMAL KHATA, J.) (AMIT BORKAR, J.)