Rampratap Rajdeo Singh v. Mumbai Municipal Corporation And 2 ORS.

sng wp-3094.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3094 OF 2014 Rampratap Rajdeo Singh.

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Petitioner Vs Mumbai Municipal Corporation and Others.

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Respondents - Shri P.J. Thorat for the Petitioner.

Ms. Vandana Mahadik for the Respondents.

-- CORAM :

A.S. OKA & SMT. VIBHA KANKANWADI, JJ DATED :

8TH JUNE 2017 P.C.

The learned counsel appearing for the Petitioner seeks permission to withdraw the Petition with liberty to prefer an Appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. He seeks continuation of the ad-interim relief to enable him to move the Appellate Authority. Hence, we pass the following order: ORDER :

(a) The Petition is disposed of as withdrawn with liberty as prayed;

sng wp-3094.14 (b) If an Appeal is preferred by the Petitioner within a period of four weeks from today, the Appellate Authority is bound to note that the present Petition was lodged on 30th September 2014 and that the same remained pending in this Court till today; (c) To enable the Petitioner to take appropriate steps, we direct that the ad-interim relief granted on 7th October 2014 shall continue to operate for a period of three months from today;

(d) We make it clear that Appeal which may be filed by the Petitioner and the prayer for interim relief made thereon shall be considered on its own merits uninfluenced by the ad-interim relief granted by this Court.

(SMT.VIBHA KANKANWADI, J) ( A.S. OKA, J )