New Apollo Restaurant And ORS v. State Of Maha. Thr. Gp And ORS

2023:BHC-AS:38289 41-wp-9560-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9560 OF 2023 New Apollo Restaurant and Ors.

...Petitioners

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Kunal Bhanage a/w. Mr. Akshay Pawar, for the Petitioners. Mrs. V. S. Nimbalkar, AGP, for the State/Respondent No.1. Ms. Heenal Wadhwa, for Respondent No.2.

CORAM : MADHAV J. JAMDAR, J.

DATED : 18th DECEMBER 2023 P.C. :

1.

Heard Mr. Kunal Bhanage, learned Counsel appearing for the Petitioners, Mrs. Nimbalkar, learned AGP appearing for the State/Respondent No.1 and Ms. Heenal Wadhwa, learned Counsel appearing for Respondent No.2.

2.

The challenge in the present Writ Petition is to the legality and validity of the Order dated 26th April 2023 passed by the Estate Officer on the Application dated 17th March 2021 filed by the Petitioners. In the said Application, a request is made to defer the 1/2

41-wp-9560-2023.doc Sonali hearing of the matter, as SLPs raising certain connected issues are pending before the Hon'ble Supreme Court. However, learned Counsel appearing for the Respondent No.2 tenders order dated 25th July 2023 passed by the Hon'ble Supreme Court. The Hon'ble Supreme Court has disposed of those SLPs.

3.

Accordingly, nothing survives in the Writ Petition and the same is dismissed, however with no order as to costs. [MADHAV J. JAMDAR, J.] 2/2