Kantilal Nathmal Baldota And ORS v. The State Of Maharashtra Thr The Principal Secretary And ORS

1 68-WP-15290-2022=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15290 OF 2022 Kantilal Nathmal Baldota And Ors

...Petitioners

Versus

The State of Maharashtra Through The Principal Secretary And Ors.

...Respondents

**** Mr.Jaydeep Deo for the Petitioners.

Mr.R.S. Pawar, AGP for the Respondent Nos. 1to 3 and 5/State. Mr.Rajdeep Khadapkar for Respondent No.4/Municipal Corporation.

**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.01.15 15:06:30 +0530 CORAM : NITIN JAMDAR AND M.M.SATHAYE, JJ.

DATE : 9 JANUARY 2024 P.C. :

.

Heard learned counsel for the parties.

2.

The Petitioner has sought a prayer for writ of mandamus to the Respondents to withdraw from the acquisition proceedings. This prayer is made on basis of the stand that the Municipal Corporation that it does not want the said property for whose benefit the property is sought to be acquired by the State Government. The question would arise if the Petitioner has a legal right for such writ of mandamus that the State should withdraw from the acquisition Sneha Chavan

2 68-WP-15290-2022=.doc proceeding.

3.

Further the entire complexion of the litigation has now changed, as the request of the Municipal Corporation to the State Government that it need not go ahead with the acquisition proceeding, is now rejected by the State Government. Therefore, the Petitioner will have to now challenge the action of the State in continuing with the acquisition proceeding and they challenge in that regard will be on a different legal basis. 4.

That being the position, we dispose of the Writ Petition leaving it open to the Petitioner to institute a substantive petition in respect of the subsequent developments.

5.

Writ Petition is accordingly disposed of.

(M.M.SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan