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Bombay High CourtWP/7173/2021disposed off

Rajul Vasa Foundation Mumbai And ORS v. Estate Officer West Divisional Officer Nashik And ORS

2022-11-29Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Justice Shri Arif S. Doctor2 pages

49 wp7173-21.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.11.30 19:26:07 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO. 7173 OF 2021 Rajul Vasa Foundation, Mumbai and Ors.

..... Petitioners Vs.

Estate Officer, West Divisional Officer, Nashik and Ors.

..... Respondents Mr.Siddhesh Bhole a/w Mr.Akshay Chheda i/b M/s.SSB Legal and Advisory for the Petitioners Mr.R.P.Kadam, A.G.P. for the State Mr.M.L.Patil for the Respondent Corporation

CORAM:

S.V.GANGAPURWALA & ARIF S. DOCTOR, JJ.

DATED :

NOVEMBER 29, 2022 P.C.

The learned Counsel for the Corporation submits that the Petitioner has a remedy under section 451 of the Bombay Provincial Municipal Corporations Act, 1849 before the State Government. In light of that, the Petitioners may avail the remedy qua the resolution before the State Government. In that event, all contentions are kept open.

Writ Petition is disposed of.

Mohite 1/2

49 wp7173-21.docx In case Petitioners approach the State Government, the State Government may consider the grievance of the Petitioners on its own merits in accordance with law and policy expeditiously. (ARIF S. DOCTOR,J.) (S.V. GANGAPURWALA, J.) Mohite 2/2