Mohammed Altaf Mohd Ilyas Qureshi v. The Maharashtra Housing And Area Development Authority Through Chief Officer And 3 ORS

40-1389-21-WP=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1389 OF 2021 Mohammed Altaf Mohd Ilyas Qureshi .. Petitioner Vs.

MHADA & Ors.

.. Respondents .....

Mr. Firoz Shaikh i/b Ms. Sana M. Altaf Qureshi for the petitioner Mr. Akshay Shinde for respondent nos. 1 & 2 - MMRDA Mr. Pradip Thorat a/w Ms. Aditi Naikare, , Mr. Varghese Thomas, Ms. Fatima Kachwala i/b J. Sagar & Associates for respondent no.4 Mr. Ravi Sirsikar for respondent no.3 - MCGM CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, J.J.

DATED : 29th JULY, 2021 (Through Video Conferencing) P.C.

1.

Heard learned Counsel for the parties.

2.

The learned Counsel appearing for the petitioner submits that in view of the Government Resolution dated 16th August, 2021 as pointed out by respondent no.4, he received instructions from his client to withdraw the present writ petition with liberty to file Second Appeal before the competent Authority.

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2021.07.31 16:07:21 +0530 UDAY SHIVAJI JAGTAP

40-1389-21-WP=.doc 3.

The learned Counsel for the petitioner submits that in the interest of justice, this Hon'ble Court be pleased to expedite the hearing of the Second Appeal.

4.

Considering this fact, following order is passed :-

ORDER

(a) Liberty granted to the petitioner to file second appeal as per the Government Resolution dated 16th August, 2021. (b) If the Second Appeal is filed by the petitioner as per the Government Resolution dated 16th August, 2021, the competent Authority to decide the same as early as possible on its own merits after hearing all the parties. (c) The writ petition is disposed of as withdrawn with liberty as prayed for.

(d) No order as to costs.

(e) All contentions of both the parties are kept open. (PRITHVIRAJ K. CHAVAN, J.) (K.K. TATED, J.)