Shree Audumber Chs Ltd. v. The State Of Maha. Thr. Gp And ORS

1/2 901.WP-683-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.683 OF 2023 Shree Audumber Chs Ltd.

.....Petitioner Vs.

The State of Maharashtra and Ors. .....Respondents ---- Mr. V.M. Parkar for petitioner.

Mrs. K.N. Solunke, AGP for State - respondent. ---- CORAM : K. R. SHRIRAM & M.M. SATHAYE, JJ.

DATED : 9th JUNE 2023 P.C. :

Mr. Parkar tenders draft amendment, which is taken on record and marked "X" for identification. Ms. Solunke confirms having received a copy of the draft.

Leave to amend granted. Amendment to be carried out and copy of amended petition to be served by 12th June 2023. \ The grievance in short in the petition is that building of petitioner was demolished in the year 2016 and in view of the status quo order passed on 4th August 2020 by respondent no.2, respondent no.3 has shown his inability to issue any property and area map. Mr. Parkar states that prayer clause -(a) is only to direct respondent no.2 to hear the application dated 7th November 2022 expeditiously and in time bound manner. Ms. Solunke states that the Court may grant a reasonable time of atleast eight weeks to dispose the application. Gauri Gaekwad

2/2 901.WP-683-2023.doc In view of the above, we dispose the petition with the following directions :

(a) respondent no.2 shall dispose petitioner's application dated 7th November 2022 on or before 15th August 2023;

(b) petitioner shall be given a personal hearing, notice whereof shall be communicated atleast five working days in advance;

(c) if petitioner wish to file any written submission to record what transpired during the personal hearing, the same to be filed and copy served within three working days of the personal hearing;

(d) the order to be passed shall be a reasoned order dealing with all submissions of petitioner.

We hasten to add that we have not made any observation on the merits of the matter.

(M.M. SATHAYE, J.) (K. R. SHRIRAM, J.) Gauri Gaekwad