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Bombay High CourtWP/11265/2015allowed to be withdrawn

Smt. Kavita Kishore Bhoir v. The Chief Land Officer And Land Surveyor Officer And ORS

2016-10-19Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

Sr.No.903 WP 11265.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11265 OF 2015 Smt. Kavita Kishore Bhoir ....Petitioner versus The Chief Land Officer and Land Surveyor Officer CIDCO Bhavan, CBD Belapur and ors.

...Respondents

Mr. Ajit Kenjale, advocate for the petitioner. Mr. Ashutosh M. Kulkarni, advocate for respondent Nos. 1 and 2. Mrs. M. P. Thakur, AGP for respondent No.3.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE : 19th OCTOBER, 2016.

P. C. :

Mr. Kenjale, learned counsel for the petitioner, seeks leave to withdraw the petition with liberty to make a fresh application/representation to the competent authority/appropriate authority of the CIDCO in respect of the grievance raised in the present petition. Leave as prayed for, is granted. The petition is disposed of as withdrawn.

2.

In the event such application/representation is made by the petitioner within a period of two weeks from today, the competent authority/appropriate authority of the CIDCO shall decide the same within a period of eight weeks from the date of receipt of the application/representation and communicate the order passed thereon to the petitioner.

Shubhada S Kadam 1/2

Sr.No.903 WP 11265.15 3.

It is expressly made clear that we have not gone into the merits of the claim made by the petitioner and the competent authority/appropriate authority of the CIDCO shall decide the said application/representation independently on its own merits and in accordance with law. All rights and contentions of the respective parties are kept open.

4.

During the pendency of such application/representation, both the parties shall maintain the status-quo regarding the subject structure and, in the event, any order adverse to the interest of the petitioner is passed, the same shall not be implemented for a period of two weeks from the date of communication thereof to the petitioner. (ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2