Janhit Manch And 2 ORS. v. Vilasrao Deshmukh And 5 ORS.
8-nmw 159-18 in wp 63-03.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.159 OF 2018 IN WRIT PETITION NO.63 OF 2003 JANHIT MANCH & Ors.
...Petitioners
versus Shri Vilasrao Deshmukh & Ors.
...Respondents
.....
Mr.Bhagvanji Raiyani, petitioner in person.
Ms.K.H. Mastakar for MCGM.
Ms.Geeta Shastri, Addl. GP for State.
.....
CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.
DATE :- JANUARY 05, 2021.
PC :
1.
Seeking an order to expedite the hearing of Writ Petition No.63 of 2003, a notice of motion is taken out by the writ petitioners.
2.
We fnd from an order dated October 14, 2009 of a co-ordinate bench of this Court that the Government was required to fle an afdavit showing the present status of the property in dispute. Such afdavit is not traceable in the records. In all probability, no such afdavit seems to have been fled.
3.
Ms.Shastri, learned Addl. GP representing the State, prays for a week's time to obtain necessary Prajakta Vartak 1/2
8-nmw 159-18 in wp 63-03.doc instructions as well as to fle an afdavit indicating therein the present status of the property in dispute. 4.
Let the requisite afdavit be fled by 7 days with copy to the petitioners.
5.
In view of the fact that the Mumbai Municipal Corporation had reserved the property in dispute for a playground, we consider the presence of the Corporation necessary for efective adjudication of the issue arising for decision in this writ petition. The petitioners shall implead the Corporation as an additional respondent in the writ petition by efecting necessary amendment. Copy of the amended writ petition shall be served on Ms.K.H. Mastakar, learned advocate for the Corporation who is present in Court. She shall also obtain appropriate instructions. 6.
The Notice of Motion is disposed of.
7.
Ms.Sharmila Deshmukh, learned advocate, is appointed as amicus curiae to assist the Court. 8.
List the writ petition on January 15, 2021.
9.
Secretary/Personal Assistant of this Court. All concerned copy of this order.
(G. S. KULKARNI, J.) (CHIEF JUSTICE) Prajakta S.
Vartak by Prajakta S.
Vartak Date: 2021.01.06 11:26:05 +0530 Prajakta Vartak 2/2