M/S. Rukmini Associates, Through Its Proprietor v. The Chief Executive Officer , Satara Nagarparishad And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12082 OF 2018 M/s.Rukmini Associates Through its Proprietor Mr.Maruti @ Dada Raghunath Jadhav Peth Chimanpura, City Survey No.81, Satara.

..Petitioner V/s.

1.

The Chief Executive Officer Satara Nagarparishad, Satara 2.

The Director of Regional Town Planning, Satara, Dist. Satara.

3.

The State of Maharashtra ..Respondents ---- Mr. Ajit J.Kenjale a/w. Mr.S.M.Gulabani and Sai R.Kadam for the Petitioner.

Mr.

P.B.Shah i/by Mr.K.P.Shah for the Respondent No.1. Mr. N.K.Rajpurohit AGP for Respondent No.2 & 3/State. ---- CORAM : R.D.DHANUKA, AND GAURI GODSE, JJ.

DATE : 6th March 2023 P.C.

.

Rule. Mr.Shah waives service for Respondent No.1. Mr.Rajpurohit learned AGP waives service for Respondent No. 2 and 3. Rule made returnable forthwith.

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2.

There is a dispute between the Petitioner and Respondents No.1 on whether Petitioner has complied with all the requirements for processing his application for completion of service or not. Mr. P.B.Shah learned counsel for Respondent No.1 invited our attention to the communication dated 02/02/2017 issued by Respondent No.1 to the Petitioner. According to the Petitioner all the requirements are already completed whereas according to the Respondent No.1 all the requirements are not complied with.

3.

We direct the Chief officer of Municipal Corporation to grant personal hearing to the Petitioner to enable him to explain as to why according to him all the requisitions are complied with. Personal hearing be granted to the Petitioner and if any of the requisition are not complied, the Municipal Corporation to communicate the requisitions to the Petitioners in advance, before the date of hearing and more particularly within two weeks from today.

4.

Petitioner to consider those requisitions and comply with the same, if not already complied with. Petitioner to remain present before Respondent No.1 on 27/03/2023. Jyoti Mane 2 of 3

Application be considered for Completion Certificate shall be disposed of within four weeks from the date of meeting proposed to be held and upon the completion of the requisitions. Respondent No.1 to also issue Occupation Certificate within 4 weeks after the passing of the order of completing of requisition, if not completed till date. Writ Petition is disposed of in the above terms. Hence, following order is passed:

i) Rule is made absolute.

ii) Parties to act on authenticated copy of this order. iii) Place the matter on board for reporting compliance on 03/05/2023.

GAURI GODSE, J.

R.D.DHANUKA, J.

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