Shri Gunaji Sona Mandav Kar v. Competent Authority-1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.159 OF 2016 Shri Gunaji Sona Mandavkar ... Petitioner Vs.

Competent Authority-I & Anr.

...Respondents

....

Mr. Drupad Patil, for the Petitioner.

Ms. Neha Bhide, for Respondent No.1.

....

CORAM : S.C. GUPTE DATED : 7 JUNE 2016 P.C. :

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After the matter was heard at some length, having regard to the fact that a regularization application filed by the Petitioner for transfer of the tenement in his favour, is pending before the Respondents, learned Counsel for the Petitioner seeks leave to withdraw the petition with a direction to the authority to decide the regularization application in a time bound manner. It is accordingly ordered that the Respondent authority shall decide the Petitioner's application dated 21 November 2014 for regularization of the transfer of tenement within a period of two months from today. The Petitioner shall be entitled to put in such additional pleadings and documents in support of his application as he may deem fit. Such additional material to be placed before the authority within a period of two weeks from today. In view of this direction, the petition stands dismissed as withdrawn with liberty to the

sg 2/2 wp159-16.doc Petitioner to file a fresh petition in case the order of the authority is against him. The application is to be decided on its own merits.All rights and contentions of the parties on merits are kept open. The petition is disposed of accordingly.

2.

Needless to add that the eviction order passed by the authority shall not be implemented until the regularization application referred to above is decided and three weeks thereafter. ( S.C. GUPTE, J. )