Mr. Janardhan Shankar Koli And ORS. v. The City And Industrial Development Corporation And ORS.

33 wp 8575.15.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8575 OF 2015 Mr. Janardhan Shankar Koli and ors.

......Petitioners versus The City and Industrial Development Corporation and ors.

......Respondents Mr. Sujay Gawade i/b. Shree and Co., advocates for the petitioners. Mrs. M. P. Thakur, AGP for the State.

Mr. Hemant Prabhulkar i/b. Jurisperitus Mumbai, advocates for the respondent Nos.1 to 3.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 3rd JULY, 2018.

P. C. :

The learned counsel for the petitioner, at the outset, makes a statement that he is restricting this petition to the relief claimed under prayer clause (b) which reads as under :

"(b) That this Hon'ble Court be further pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus, thereby directing the Respondent No.2 to consider the representation dated 14.08.2015 made by the Petitioner for regularization of the structure under section 53(3) of the MRTP Act and dispose of the same on merits after giving an opportunity of hearing to the petitioners;"

Shubhada S Kadam 1/2 by Shubhada Shankar Kadam Date:

2018.07.05 23:31:25 +0530 Shubhada Shankar Kadam

33 wp 8575.15.doc 2.

The learned counsel for the respondent Nos. 2 to 3 stated that if the said representation is not decided already, it will be decided within a time frame fixed by this Court.

3.

In the light of the above, we deem it convenient to dispose of this petition by passing the following order :

O R D E R

i) We direct the first and the second respondents to decide the application for regularization within a period of eight weeks from today.

ii) The order passed on the application be communicated to the petitioner.

iii) Till the date of communication of the said order, no action shall be taken on the basis of the impugned notices; iv) If the order passed on the said application be adverse to the petitioner, the protection shall continue to operate for a period of one month from the date on which the order is communicated to the petitioner.

The writ petition stands disposed of.

[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2