Tejas Bhagwan Bodke v. State Of Maharashtra And ORS

Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2023.12.27 11:55:42 +0530 SAYYED SAEED ALI AHMED ALI Sayyed 513-WP-16241-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16241 OF 2023 Tejas Bhagwan Bodke

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

__________ Mr. Nitesh Bhutekar a/w Ms. Gargi Warunjikar i/by Mr. Ajinkya Udane for the Petitioner.

Mr. P. G. Sawant, AGP for Respondent No.1 (State) Mr. Deepak More for the Respondent (PCMC).

__________ CORAM :

KAMAL KHATA, JITENDRA S. JAIN, JJ.

DATE :

DECEMBER 26, 2023 (Vacation Court) P.C.:

.

Not on board. Mentioned. Taken on board.

2.

This petition has filed by a person other than the noticee in the notice dated 1st December 2023. By an order dated 10th November 2022 annexed at Exhibit-E page 115 of the Petition, it was made clear that if it was found that the writ petitions were filed by the some person/s other than the person/s who were issued notices by the Municipal Corporation or by persons who had not applied for regularization under Section 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act"), such petitions would be dismissed with -------------------------

Sayyed 513-WP-16241-2023.doc exemplary costs. Pursuant to this order, petition was disposed of as withdrawn with liberty to file a fresh petition. 3.

This petition is again filed by the person/s who are not the noticee in the impugned notice. There are also no averments in the petition with regard to why the petitioner has filed this petition instead of the noticee.

4.

It is not the case of the petitioner that they are the owners or that they have filed an application under Section 44 of the MRTP Act before the Appropriate Authority.

5.

The averments in the petition in para no.12 read thus: "12. The Petitioner states that there after the Petitioner through one Mrs Swati Anand Bahirat had filed one more Civil Writ Petition No. 15183 of 2022 in respect of the Order dated 24th November 2022. The True Copy of the Case Status of the Pending Civil Writ Petition No.15183 of 2022 along with death certificate of Husband of Swati Anand Bahirat is annexed to the Memo of this Civil Writ Petition and is marked as EXHIBIT - F."

5.

At this stage, the learned counsel for the petitioner seeks leave to withdraw the petition. Petition is dismissed as withdrawn with costs of Rs.1,00,000/- payable to the Kirtikar Law Library, Mumbai to be paid within a period of one week from today.

[JITENDRA S JAIN, J.] [KAMAL KHATA, J.] -------------------------