Vaibhav Ramesh Mane Thr. Constitute Attorney S. V. Mane v. The State Of Maharashtra Thr. The Addi. Chief Secretary General Administration Department And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2023.12.18 17:40:59 +0530 WRIT PETITION NO.15565 OF 2023 Vaibhav Ramesh Mane Thr. Constitute Attorney Shilpa Vaibhav Mane, Age-45, Occupation - Housewife, Residing at 1st Floor, Indumati Niwas, 8th Borbhat Lane, Girgaon, Mumbai - 400 004.

..... Petitioner Vs.

1. The State of Maharashtra Through the Additional Chief Secretary, General Administration Department, Mantralaya, Mumbai

2. The office of the Controller of Accommodation, General Administration Department having office at 19th Floor, New Administration Building, Madam Cama Road, Hutatma Rajguru Chowk, Opp. Mantralaya, Mumbai - 32.

3. Mr.Anand S. Jamsandekar Age-Adult, Occ - Now Known Residing at 91/F, 1st Floor, Room No.17, Raut Estate, Koliwada, Fanaswadi, Sitaram Poddar Marg, Opp. Balaji Mandir, Mumbai - 400 002.

4. Mr.Ruchit S. Jamsandekar Age-Adult, Occ - Now Known Residing at 91/F, 1st Floor, Room No.17, Raut Estate, Koliwada, Fanaswadi, Sitaram Poddar Marg, Opp. Balaji Mandir, Mumbai - 400 002.

5. Mr.Rohit S. Jamsandekar Age-Adult, Occ - Now Known 1/3

Residing at 91/F, 1st Floor, Room No.17, Raut Estate, Koliwada, Fanaswadi, Sitaram Poddar Marg, Opp. Balaji Mandir, Mumbai - 400 002.

..... Respondents Mr.Sanjay C. Prabhu for the Petitioner Mr.V.S.Kapse a/w Mr.Upendra A. Mahadik i/b M/s.Fast Track Legal for the Respondent nos.2 to 4 Mr.N.C.Walimbe, Addl. G.P. a/w Ms.A.A.Purav, A.G.P. for the Respondent - State

CORAM:

A.S.CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATED :

13th DECEMBER 2023 ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :

1.

Rule. Rule made returnable forthwith.

2.

The learned A.G.P. waives notice for Respondent nos.1 and 2 and the learned counsel waives notice for Respondent nos.3 to 5. 3.

The only relief sought by the Petitioner is for expeditious consideration of the Appeal preferred by the Petitioner under section 8D(1) of the Bombay Land Requisition Act, 1948, that is pending before the 2nd Respondent. In that Appeal, the notice issued by the Controller on 20th July 2021 is under challenge.

4.

In these facts, since the appeal preferred by the Petitioner has been pending for almost three years, the Writ Petition is disposed of by directing the 2nd Respondent to decide the aforesaid Appeal on its own merits and in accordance with law within a period of 8 weeks from today. 2/3

5.

It is made clear that all contentions of either parties are kept open for being raised before the said authority.

6.

The Petitioner's Application for grant of interim relief shall be considered within a period of 10 days from today on its own merits. 7.

Rule is disposed of in aforesaid terms. No order as to costs. (FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.) 3/3