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Bombay High CourtWP/2052/2020disposed offdismissed for default

Rajaram Namdeo Suradkar v. The State Of Maharashtra And Others

2020-02-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(13) WP-2052-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2052 OF 2020 Rajaram s/o Namdeo Suradkar .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr G.D. Jain, Advocate for petitioner Mr S.Y. Mahajan, Addl.G.P. for respondent-State - WITH - CIVIL APPLICATION ST.NO.4533 OF 2020 IN WRIT PETITION NO.2052 OF 2020 Kaduba s/o Shamrao Wagh ..Petitioner

Versus

Rajaram s/o Namdeo Suradkar and ors.

..Respondents Mr D.P. Palodkar, Advocate for petitioner Mr G.D. Jain, Advocate for respondent no.1 - original petitioner Mr S.Y. Mahajan, A.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 3.2.2020 ORAL ORDER :

1.

Mr Jain, the learned Advocate for petitioner submits that the petitioner has already been granted approval of the layout for Gat No.466 to run the retail outlet. Under the impugned order, the approval is also granted for the purpose of retail outlet at Gat No.468. Minimum distance is required to be adhered to for running two retail outlets. The application for provisional approval was cancelled. According to learned Advocate, the authority ought not to have granted the approval.

(13) WP-2052-2020 2.

Mr Palodkar, learned Advocate appears for intervenor and submits that sanction of layout of the applicant-intervenor is earlier in point of time than the petitioner. Even LOI has been granted prior in point of time to that of the petitioner. At present, we are not entering into the said contention. The permissions are not granted either to the petitioner or the other party to run the retail outlet. 3.

In light of that, it would be premature to consider the grievance of the petitioner at this stage.

4.

In case, the permissions are given, then the parties may agitate afresh. Writ Petition disposed of accordingly. No costs. 5.

In view of disposal of Writ Petition, Civil Application No.4533 of 2020 stands disposed of.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr