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Bombay High CourtWP/6691/2014disposed off

Shri. Kisan P. Baney v. The State Of Maharashtra, Through Secretary, Urban Development Dept And ORS

2017-01-17Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Naresh H. Patil2 pages

rsk 1 901-WP-6691-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6691 OF 2014 Shri Kisan P. Baney

...Petitioner

vs.

The State of Maharashtra

...Respondent

Mr. R. S. Kohli a/w Mr. Mohd. Ashraf for the Petitioner. Ms. R. A. Salunkhe, AGP for Respondent Nos.1 to 4. CORAM :NARESH H. PATIL AND M. S. KARNIK, JJ.

DATE : 17/01/2017.

P.C.:

.

The petitioner's grievance is that the representation was not decided properly. The impugned communication (Exh.C) dated 17/9/2009 is an unreasoned one. The Petitioner made a request that his land shown in agricultural zone by shown in residential zone. 2.

Learned AGP on instructions submit that the Designated Officer (Urban Development Department) would consider the issue afresh and after hearing the Petitioner pass a reasoned order on the representation tendered earlier by the Petitioner. 3.

The Petitioner is entitled to file additional representation in continuation of the representation filed earlier. 4.

We direct the Designated Officer (Urban Development Department) to pass an appropriate order on the representation of the Petitioner on its own merits. The State shall pass a reasoned order and dispose of the matter within three months from the date of this order. The impugned communication therefore shall not be treated to be

rsk 2 901-WP-6691-14.doc operative.

5.

The Petition is disposed of.

(M. S. KARNIK, J.) (NARESH H. PATIL, J.)