Pir Chandshahwali Dargah Masjid Trust Thru Chairman v. Baramati Municipal Council Thru Chief Officer And ORS

bdp 13-wp-9762.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.01.06 10:40:35 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 9762 OF 2021 Pir Chandshahwali Dargah & Ors.

... Petitioners

Versus

Baramati Municipal Council & Ors.

... Respondents ****** Mr. T. D. Deshmukh a/w Mr. H. D. Chavan for the Petitioners. Mr. S. R. Nargolkar a/w Mr. Arjun Kadam for the Respondent No.1. Mr. Rajan S. Pawar, AGP for the Respondent Nos. 2 to 4. ****** CORAM: R. D. DHANUKA AND S. M. MODAK, JJ.

DATE : 5th JANUARY, 2022 (Through Video Conference) P.C. :- .

Rule. Mr. Nargolkar, learned counsel waives service for respondent no.1. Mr. Pawar, learned AGP waives service for respondent nos. 2 to 4. By consent of parties, petition is heard finally. 2.

There is no dispute that the land of the petitioners is already utilized by the respondent no.1-Council for public purpose. The respondent no.1-Council however has not concluded the acquisition proceedings.

3.

Mr. Nargolkar, learned counsel appearing for the respondent no.1 on instruction states that there are certain requisitions to be complied with by the petitioners and upon compliance of the requisitions by the petitioners, the respondent no.1 would comply with the requisitions

bdp 13-wp-9762.21.doc made by the District Collector.

4.

Learned counsel on instruction states that within two weeks from today the respondent no.1 would point out the requisitions to be complied with by the petitioner. Mr. Deshmukh, learned counsel for the petitioner states that within two weeks from thereafter the petitioner would comply with those requisitions.

5.

Learned AGP for the State states that within three months from the date of respondent no.1 complying with the requisitions made by the respondent no.3-Collector, the acquisition proceedings would be completed in all respect. Statement made by the learned counsel for the parties are accepted as and by way of undertaking to this Court. 6.

Writ Petition is allowed in aforesaid terms. Rule is made absolute accordingly. There shall be no order as to costs. 7.

Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] [R. D. DHANUKA, J.]