Bharat Sitaram Agavane And 20 Os v. Collector Mumbai Suburban District And 25 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1765/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. A. S. Khandeparkar I/b. Rakesh H.

pathak for the Petitioner Mr. Kedar Dighe, AGP for Respondent Nos.1 and 2.

Mr. J. S. Shukla for Respondent Nos.5 to 10, 26

CORAM

: K.K.TATED, J.

DATED : JULY 15, 2019 P.C.

Heard.

During the course of arguments, the learned counsel for the Petitioner submits that the Petitioner has made their Application dated 15.11.2011 to the Collector, Mumbai for verification of the membership of 20 persons for allotment of flats in a proposed society. To that effect he has referred to paragraph 8 of the order dated 14.08.2018 passed by the Collector u/s.53 of the Maharashtra Land Revenue Code, 1966.

The learned counsel for the Petitioner submits that let the Collector 1/3

be directed to decide their Application dated 15.11.2011 as early as possible on the basis of the documents submitted by them. To that effect, he has given in writing. Same is taken on record and marked "X" for identification.

Hence, by consent of the parties, following order is passed:

a.

The District Collector, Mumbai Suburban District is directed to decide the Petitioner's Application dated 15.11.2011 (as referred to in paragraph 8 of the order dated 14.09.2018 passed u/s.53 of the Maharashtra Land Revenue Code, 1966) as early as possible but in any case within two months from the date of submitting the entire documents by the Petitioner.

b.

The Petitioner is permitted, if they wish, to file additional documents in support of their Application dated 15.11.2011 on or before 31.07.2019.

c.

It is made clear that the concerned authority to decide the Petitioner's Application on its own merits without being influenced of the fact that the Petitioner filed the present Writ Petition.

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d.

It is also made clear that it is not necessary to give personal hearing to the Petitioner while deciding the said Application.

e.

The Writ Petition stands disposed of accordingly.

(K.K.TATED, J.) 3/3