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Bombay High CourtWP/8829/2018disposed off

Machhindra Anant Taware @ Kene And ORS. v. Kalyan Dombivali Municipal Corporation Through Its Commissioner And ORS.

2018-09-28Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Naresh H. Patil2 pages

1/2 905wp8829.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8829 of 2018 Machhindra Anant Taware @ Kene & ors.

...

Petitioners V/s.

Kalyan Dombivli Municipal Corporation & ors.

...

Respondents Mr.A.G.Damle, Sr.Counsel I/b. Mr.I.M. Khairdi for the petitioner. Mr.M.M.Pabale, AGP for respondents 5 & 6.

Mr. A.S.Rao for respondents 1 to 3.

CORAM :

NARESH H. PATIL, ACTING C.J.

& G.S. KULKARNI, J.

28th September, 2018.

P.C.

One of the prayer of the petitioner as reflected in the prayer clause (d) reads as under:- "(d) alternatively, it is prayed that this Hon'ble Court be pleased to direct the Respondent Authorities to forthwith decide the representations

2/2 905wp8829.18.doc dated 29.1.2018, 24.5.2018, 28.5.2018 and 2.8.2018 made by the Petitioners in respect of land bearing Survey No.34/2 (Old Survey No.105/2), admeasuring 6 Ares 2 Gunthas, at Gauripada, Kalyan, District Thane."

2.

Without expressing any opinion on merits, we direct the Corporation to look into the representation submitted by the petitioner on its own merits and arrive at a decision within 8 weeks on its own merits.

3.

Needless to mention that Corporation is entitled to hear the concerned parties.

4.

With aforesaid observations and directions, Writ Petition stands disposed of.

G.S.KULKARNI, J ACTING CHIEF JUSTICE L.S. Panjwani, P.S.

by Lata Sunil Panjwani Date:

2018.09.29 12:36:42 +0530 Lata Sunil Panjwani