Bavkhaleshwar Mandir Trust, Through Its Secretary v. State Of Maharashtra, Through Govt. Pleader And ANR.

904. wp 9045.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9045 OF 2017 Bavkhaleshwar Mandir Trust .. Petitioner Vs.

State of Maharashtra and anr.

.. Respondents Mr.Ajay Patil, for the Petitioner.

Mr.B.V. Samant, AGP for Respondent No.1.

Mr.Ramesh Dube Patil i/b M/s.Jay & Co., for Respondent No.2 - MIDC.

CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 29th AUGUST, 2017 P.C. :

1.

The matter was mentioned by Mr. Thakur contending that the orders of demolition were passed in Public Interest Litigation filed by him. It was further contended that in the present Petition, the order has been obtained without impleading him as a party respondent, therefore, prays for recall of the order. 2.

Perusal of the order disposing of the Petition would reveal that what has been directed by this Court is only the consideration of an application made by the petitioner. On the 1/2

904. wp 9045.17.doc contrary, the Court has specifically recorded that in the event the application is rejected by the State, the petitioner shall not cause any hurdles in the respondent MIDC demolishing the said structures. Mr. Ramesh Dube Patil - learned Counsel appearing for MIDC states that the State Government has already decided the matter and the application of the petitioner stands rejected. 3.

In this view of the matter, we do not find it necessary to consider the prayer for recall of the order.

(M.S.KARNIK, J.) (B.R.GAVAI, J.) 2/2