Ghanshyam Leeladhar Karia And ANR v. The Municipal Corporation Of The City Of Nashik, Through Commissioner And ORS

10-wp-1131-14.doc pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1131 OF 2014 Ghanshyam Leeladhar Karia & Anr.

.. Petitioners Vs.

The Municipal Corporation of the City of Nashik and ors.

.. Respondents Mr. P. J. Thorat for petitioners.

Mr. M. L. Patil for respondent nos.1 and 2.

Mr. P. P. Kakade, AGP for respondent no.3 - State. CORAM: NARESH H. PATIL, ACTING CJ & R. G. KETKAR, J.

SEPTEMBER 06, 2018.

P.C.

1.

This petition is pending since last four years. The petitioners seek direction to respondent nos.1 and 2 to hand over vacant possession of eastern side portion admeasuring 779.20 sq.mtrs. of land from Final Plot No. 47 of Town Planning Scheme, Nashik No.II (Final), situate at Nashik. The remaining portion from Final Plot No. 47 has been handed over to the petitioners but the area from adjoining plot admeasuring 779.20 sq.mtrs. remained to be handed over. Inspite of the order passed by this court

10-wp-1131-14.doc (Coram: A. S. Oka & A.A. Sayed, JJ,) on 3/3/2014, the Corporation has not filed any reply till date.

2.

The petitioners claim that they have filed representations dated 11/11/2011 and 14/12/2012 (Exhs. K & L to the petition) addressed to the Commissioner, Municipal Corporation, Nashik, which have not yet been decided neither petitioners have intimated any decision so far on the said representations.

3.

We observe that the petitioners are entitled to file comprehensive representation on the subject issue within two weeks from today addressed to the Commissioner, Municipal Corporation, Nashik. We direct the Commissioner to hear the petitioners and pass a brief reasoned order on the representation made by the petitioners. This exercise be completed within six weeks from the date of receipt of the representation from the petitioners. All issues on merits are kept open. 4.

With the aforesaid observations, petition is disposed of. Pravin Dasharath Pandit R. G. KETKAR, J. ACTING CHIEF JUSTICE by Pravin Dasharath Pandit Date: 2018.09.10 12:30:10 +0530