R Mall Developers Private Limited v. The State Of Maharashtra And 2 ORS

suresh 901-WPL-1095.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION {L} NO.1095 OF 2016 R Mall Developers Private Limited .... Petitioner Vs.

The State of Maharashtra & Others .... Respondents Mr. S.U. Kamdar, Senior Counsel with Mr. Abhinav Chandrachud, Ms Nafisa Khandeparkar & Ms Monisha Bhangale i/by M/s. ALMT Legal for the Petitioner. Ms Madhubala Kajale, AGP, for the Respondent No.1State. Mr. Joel Carlos with Mr. H.C. Pimple for the Respondent Nos.2 and 3.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : JUNE 24, 2016 P.C:

1.

When this petition was called out, Mr. Kamdar, learned Senior Counsel appearing for the petitioner, files an additional affidavit and invites our attention to the annexures thereto.

2.

In all fairness it is stated that now an order has been passed by the Corporation on 31-5-2016. Once the issue is about

suresh 901-WPL-1095.2016.doc fixation of rateable value for the purpose of recovery of property tax and the order in that behalf is appealable under Section 217 of the Mumbai Municipal Corporation Act, Mr. Kamdar seeks leave to file such an Appeal.

3.

In the light of this statement made by Mr. Kamdar, the writ petition is disposed of as not pressed, but with liberty to file the Appeal and pursue it in accordance with law. All contentions are kept open.

4.

Needless to clarify that all materials, including the annexures to the additional affidavit tendered today can be placed before the Court of Appeal.

5.

Leave to substitute the additional affidavit with legible green copy granted.

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)