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Bombay High CourtCA/1883/2014admittedallowedgrantedrule absolute

Dr. Hanusing Harising Chauhan v. The State Of Maharashtra And Others

2017-11-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1883 OF 2014 IN WRIT PETITION NO. 5622 OF 2012 DR. HANUSING HARISING CHAUHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Applicant/Petitioner : Shri Palodkar Deodatt P.. Additional G.P. for Respondents 1 to 3 : Smt.M.A.Deshpande. Advocate for Respondent 4 : Shri K.M.Nagarkar. ...

CORAM: RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, JJ.

DATE :- 07th November, 2017 Per Court :

The Applicant/ original Petitioner seeks addition of the proposed paragraph 7-A as is mentioned in the Civil Application. We have considered the submissions of the learned Advocates. For the reasons set out in the Civil Application, the same is allowed. The Applicant/ Petitioner shall amend the Writ Petition and introduce paragraph 7-A within a period of TWO WEEKS from today, failing which, this order shall stand recalled and the Civil Application shall then stand rejected, without further reference to the Court. In the light of the above, we deem it appropriate to observe

*2* 1ca1883o14 that notwithstanding the pendency of this petition before us, the Respondent Authorities are at liberty to follow the due procedure of law with regard to the land acquisition proceedings, if any and the pendency of this petition shall not be an impediment in the path of the Respondent authorities.

Needless to state, the submission of ownership documents by the Petitioner, followed by expeditious preparation of the proposal for acquisition by the Municipal Council, is expected. kps (SUNIL K. KOTWAL, J.) (RAVINDRA V. GHUGE, J.)