Vijay H. Shah v. The State Of Maharashtra And ORS. And Property Redevelopers Assoc.

902.wp1660.04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1660 OF 2004 Vijay H. Shah.

..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents WITH CHAMBER SUMMONS NO. 292 OF 2004 IN WRIT PETITION NO. 1660 OF 2004 Vijay H. Shah.

..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents And Property Redevelopers Association ..Applicants.

None for the Petitioner.

Mr. Susmit Phatale i/b. Mr. Y.M. Chaudhari, for applicant in Chamber Summons.

Mr. G.W. Mattos, AGP for the Respondent-State. CORAM :

R. M. SAVANT, J & SMT.SADHANA S. JADHAV,J DATE :

16th JUNE, 2017 P.C.

None appears for the Petitioner. On 9th June, 2017 when the Petition was listed for final hearing, no appearance was put up on behalf of the Petitioner. It seems that the issue raised in the above petition is covered by the Judgment of the Apex Court, reported in AIR 2008 SC page 502 in the Talwalkar

902.wp1660.04 matter of Jayant Achyut Sathe v/s. Joseph Bain D'Souza and others. Hence, probably the absence of the Petitioner. This Court is therefore, constrained to dismiss the above Petition for non-prosecution. Rule is discharged.

In view of the dismissal of the above Petition, the above Chamber Summons does not survive and to accordingly stand disposed of as such. [SMT.SADHANA S. JADHAV,J] [R.M.SAVANT, J] Talwalkar