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Bombay High CourtWP/460/2021disposed off

Hajimalangmaulana Khan v. The State Of Maharashtra And 3 ORS.

2021-08-30Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.460 OF 2021 Hajimalang Maulana Khan ] Petitioner Vs.

The State of Maharashtra and others.

] Respondents ....

Mr. Sagar Batavia, for Petitioner.

Mr. Kedar Dighe, A.G.P, for Respondent-State. .....

CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 30th AUGUST, 2021.

P.C.

1.

Heard learned Counsel for the parties.

2.

Learned Counsel for the petitioner submits that all the respondents are duly served. He undertakes to file affidavit of service to that effect in the Registry within one week from today. Statement is accepted.

3.

Learned Counsel for the petitioner submits that by this petition under Article 226 of the Constitution of India, he is seeking direction against respondents No.1 and 2 to decide his SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2021.08.31 12:31:46 +0530

application dated 28th February, 2017 regarding including his name in Annexure-II of Torna Co-operative Housing Society Limited (Proposed) situate at C.T.S No.83 of Village Magathane, Taluka Borivali. He submits that the said application is pending since 2017. As respondents No.1 and 2 failed and neglected to decide the same, he preferred the present writ petition. He submits that in the interest of justice, this Court be pleased to direct respondent No.2 to decide the petitioner'

s application dated 28th February, 2017 as early as possible.

4.

At this stage, learned Counsel appearing on behalf of respondent No.2 submits that he received instructions from the concerned officer that they will decide the petitioner' s application dated 28th February, 2017 as early as possible on it' s own merits, but, in any case, on or before 30th October, 2021. Statement is accepted.

5.

In view of these facts, following order is passed; : O R D E R :

(a)Respondent No.2 to decide the petitioner'

s application dated 28th February, 2017 regarding including his name in Annexure-II of Torna Cooperative Housing Society (Proposed) situate at CTS No.83 of Village Magathane, Taluka Borivali as early as possible, but, in any case, on or before 30th October, 2021 on it'

s own merits and communicate the decision in writing to the petitioner;

(b)With these directions, writ petition stands disposed of;

(c) No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]