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Bombay High CourtCAW/2346/2015disposed off

Purandardas Vasudev Shingre, Karta Of Shri. Vasudev Madhwaraj Shingre And ANR v. The Pune Municipal Corporation And ORS

2015-08-25Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice A.S. Oka2 pages

P-4.caw.2346.2015 wp.1867.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2346 OF 2015 IN WRIT PETITION NO. 1867 OF 2014

1. Purandardas Vasudeo Shingre, Karta of Shri Vasudev Madhawaraj Shingre, HUF & Anr.

.. Applicants In the matter of :

1. Purandardas Vasudeo Shingre, Karta of Shri Vasudev Madhawaraj Shingre, HUF & Anr.

.. Petitioners Vs.

1. The Pune Municipal Corporation & Ors.

.. Respondents Mr.R.D. Soni i/b Ram and Co. for applicants.

Mr.V.S. Gokhale, AGP for respondent no.3.

CORAM : A.S. OKA, K.R. SHRIRAM, JJ.

DATED : 25TH AUGUST, 2015 P.C.

Not on board. Upon mentioning, taken on board. We have perused the annexures to the writ petition and in particular impugned notices which state that by demolishing the old structure, new structure has been made. Therefore, there is no reason to modify the order dated 23.03.2015.

Shraddha Talekar PA 1/2

P-4.caw.2346.2015 wp.1867.14.doc The order dated 23.03.2015 records that the first applicant, on instructions, stated that an application will be made for grant of permission in accordance with law.

Therefore, now the applicant cannot be permitted to seek a modification of the order for clarifying that the applicants can apply for repair permission and/or made an application for regularization. Hence, the prayer made for modification of the order is rejected. On the prayer made by the learned counsel appearing for the applicants, the time to file a fresh application in terms of the order dated 23.03.2015 is extended by a period of one month from today. Only to that extent, the order dated 23.03.2015 is modified. (K.R. SHRIRAM, J.) (A.S. OKA, J.) Shraddha Talekar PA 2/2