M/S. Darshan Corporation Through Its Partner v. The Estate Invest. Co. Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2120 OF 2018 IN WRIT PETITION NO. 6751 OF 2015 M/s. Darshan Corporation ... Applicant In the matter between The Estate Investment Co Pvt Ltd.

... Petitioner V/s.

Divisional Commissioner and Ors.

... Respondents ---------------- Mr. Sandesh Patil for Applicant in CAW No. 2120 of 2018 Mr. Aditya Mehta a/w Kinjal Shah and Arushi Dube i/b Rashmikant and Partners for the Petitioner.

Mr. Y.D. Patil, AGP for Respondent Nos. 1 to 5- State. ----------------

CORAM

:

N.R. BORKAR, JJ.

DATE :

2nd March, 2020.

P.C.

1.

The present Civil Application is taken out with following prayers "

(a) this Hon'ble Court may be pleased to allow the present Civil Application of the Applicant and the Applicant be made party (as Respondent No. 6) in the captioned Writ Petition bearing its No. 6751 of 2015.

(b) This Hon'ble Court be pleased to clarify that the said ad-interim orders dated 16th July 2015 and 6th August 2015 are not applicable to the said property/lands of the applicant mentioned 1/3

in para 1; and this Hon'ble Court be pleased to direct Respondent No. 4 to reconsider the application dated 19/08/2017 for accepting conversion tax and application for transfer of revenue records of the Applicant in respect of the said land, notwithstanding the ad- interim order dated 16th July 2015 and 6th August 2015 in the Writ Petition No. 6751 of 2015.

(c) Pending the hearing and final disposal of this Civil Application, this Hon'ble Court be pleased to grant interim and ad-interim reliefs in terms of prayer clause."

2.

The learned Advocate for the Applicant during the course of hearing of present application has pointed out the order passed by this Court on 12th December 2017, more particularly clause (vi), and submitted that applicant will not press other prayers made in the application, if identical order is passed.

3.

The learned advocate for the Petitioner has not objected to the request made by the applicant.

4.

The learned AGP appearing for Respondent Nos. 1 to 4 has however stated that applicant be asked to make fresh 2/3

application.

5.

In view of above, the present application is disposed of in the following terms.

The applicant shall make fresh application to the concerned authorities within a period of six weeks and the same shall be considered by the concerned authorities on its own merits expeditiously.

(N.R. BORKAR, J.) 3/3