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Bombay High CourtCONPW/47/2019disposed off

Kranti Nagar Sra Chs (Prop.) v. Slum Rehabilitation Authority And 7 ORS

2019-07-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

907-conpwl74-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONEMPT PETITION (LODGING) NO.74 OF 2019 IN WRIT PETITION NO.847 OF 2019 WITH WRIT PETITION (LODGING) NO.2141 OF 2019 M/s.Kranti Nagar SRA CHS Prop.

...Petitioner

V/s.

Slum Rehabilitation Authority & Ors.

...Respondents

Mr.Mayur Khandeparkar with Mr.Hassan Ullah Khan for the Petitioner in Contempt Petition (Lodging) No.74 of 2019 and Writ Petition (Lodging) No.2141 of 2019.

Mr.Vijay Patil for the Respondent Nos.1 and 2 in both the Writ Petitions.

Mr.Cherag Balsara with Mr.Suraj Iyer for the Respondent No.3 in both the Petitions.

Mr.Prasad Dhakephalkar, Senior Counsel with Mr.Farid Karachiwala and Ms.Sneh Parikh I/b M/s.J.Sagar Associates for the Respondent No.5 in both the Petitions.

Mr.Omkar Kulkarni for the Respondent No.6 in both the Petitions. Mr.A.Y. Sakhare, Senior Counsel with Mr.R.Y. Sirsikar for the Respondent No.8 in both the Petitions.

CORAM : R.D. DHANUKA, J.

DATE : 18TH JULY, 2019.

P.C. :- 1.

By consent of parties Writ Petition (Lodging) No.2141 of 1/2

907-conpwl74-19.doc 2019 is taken on record.

2.

After arguing the matter for some time, Mr.Khandeparkar, learned counsel appearing for the petitioner in the contempt petition as well as in the writ petition seeks liberty to withdraw both these proceedings with liberty to file appropriate proceedings impugning Annexure - II prepared by the Competent Authority and also liberty to challenge the order of appointment of a new developer, if any, in the meeting proposed to be held on 20th July, 2019. 3.

Writ Petition (Lodging) No.2141 of 2019 is dismissed as withdrawn with liberty as prayed. It is made clear that this Court has not expressed any views on the merits of the matter. All contentions of all the parties are kept open. In view of the fact that the petitioner has prayed for liberty to withdraw the writ petition impugning Annexure - II with liberty to file appropriate proceedings, I do not propose to go into the merits of the contempt petition. The contempt petition is accordingly disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2