Akash @ Gurunath Kadam And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 2276 OF 2011 Akash @ Gurunath Kadam & Anr.

... Petitioners.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Pawan K. Pandey i/by P.K.Pandey & Associates for the Petitioners.

Mr. A. R. Patil, APP for the State.

Mr.H. E. Pimpale, Advocate for Respondent No.2. --- CORAM : M.L.TAHALIYANI,J.

DATE : 24th MARCH, 2015 P.C. :

Heard learned Advocate for the Petitioners, learned additional public prosecutor for the State and learned Advocate Mr. Pimple for the Corporation.

It is submitted by the learned Advocate for the petitioners that the prosecution against the petitioners for the change of user under section 53 of the Maharashtra Regional and Town Planning Act, 1966, may be quashed. It is submitted that now the premises in question have been restored to the original use. This does not absolve the petitioners of the wrong committed by them by changing the user. I do not find any substance in the writ petition.

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spb/ 2wp2276-11.sxw The writ petition is, therefore, dismissed. Rule is discharged. Interim order stands vacated.

The observations made by this court shall not in any manner adversely affect the trial and the trial court shall not get influenced by the observations made by this court. (JUDGE) .....

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