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Bombay High CourtCHSW/262/2019disposed off

Mohammed Hussain Chaudhari And 50 ORS. v. State Of Maharashtra And 3 ORS. And Shahid Ahmed Chaudhary And 12 ORS (Applicant)

2021-02-22Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht2 pages

KVM 1/2 28-CHSW-262.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Kanchan V.

Mayekar by Kanchan V.

Mayekar Date: 2021.02.24 12:10:06 +0530 CHAMBER SUMMONS NO. 262 OF 2019 IN WRIT PETITION NO. 2590 OF 2018 ALONG WITH WRIT PETITION NO. 2590 OF 2018 Shahid Ahmed Chaudhary & Ors.

..... Applicants

IN THE MATTER BETWEEN

Mohammed Hussain Chaudhari and Ors.

..... Petitioners

Versus

State of Maharashtra and Ors.

..... Respondents Mr. Bipin Joshi for the Applicant/Petitioner. Mr. Ashutosh Kumbhakoni, Advocate General a/w Mr. S.B. Gore, AGP for the State-Respondent Nos. 1 and 2.

Mr. Amit Dubey and Mr. Rajaram Kuleriya i/by M/s. Law Counsellors for the Respondent No.3.

CORAM: R. D. DHANUKA AND V. G.BISHT, JJ.

DATE : 22nd FEBRUARY, 2021 P.C. :- By this chamber summons, the applicant seeks condonation of delay in filing chamber summons and seeks amendment in the writ petition as per the draft amendment annexed to the chamber summons. 2.

The writ petition has not been admitted till date. We are thus

KVM 2/2 28-CHSW-262.19.doc inclined to allow this amendment. Delay is sufficiently explained. 3.

Chamber summons is accordingly made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within two weeks from today. Re-verification is dispensed with. No order as to costs.

4.

Amended copy of the writ petition shall be served upon the respondent's advocate within one week from the date of carrying out amendment.

5.

Mr.Joshi, learned counsel for the petitioners states that the copy of the development agreement has been furnished by the respondent no.3 to his client. His clients are however not agreeable to enter into any such similar agreement with the developer. Statement is accepted. 6.

Learned counsel further states that his clients do not propose to challenge the validity of the Government Resolution dated 4th July, 2019. Statement is accepted.

7.

Place the matter on board for admission on 16th March, 2021. [V.G.BISHT, J.] [R. D. DHANUKA, J.]