Siddharth Ashok Pawar And Another v. The State Of Maharashtra Through Industrial Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO. 2485 OF 2024 SIDDHARTH ASHOK PAWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH INDUSTRIAL SECRETARY AND OTHERS Mr.S.G.Magre, Advocate for the Petitioners.

Mr.A.B.Girase, GP for the Respondent/State.

Mr.S.S.Dande, Advocate for the Respondent Nos. 2 to 6 / MIDC. ( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.) DATE : MARCH 5, 2024 PER COURT :

1.

Leave to add Respondent No.9. Addition be carried out forthwith.

2.

The Petitioners were earlier before us in WP No.15793/2023. They prayed for allotment of plot No.C-35 in MIDC Chikalthana. We concluded that they did not have a right to demand the said plot. We were informed by the MIDC that the said plot is in litigation. Hence we recorded in paragraph No.3 of our order dated 03.01.2024, as under :-

- 2 - "3. In view of the above, this Petition is disposed off. In any case, the Petitioner does not have a vested right. If the plot is released in the pending litigation and is available for allotment to the public at large, all applicants including the Petitioners, would be considered strictly in accordance with the rules and the policies applicable." 3.

The grievance of the Petitioners is that the "LAND ALLOTMENT COMMITTEE" of the MIDC under the Chairmanship of Joint CEO (Admin) resolved on 16.02.2024, that the said plot No.C-35, as per decision of Minor Modification Committee dated 05.01.2024, be allotted to Respondent Nos. 7 and 8. Such allotment was subject to the final outcome of one Petition, which is said to be pending before this Court.

4.

Issue notice to the Respondents, returnable on 08.04.2024. The learned AGP waives service of notice on behalf of Respondent No.1. Mr.Dande waives service of notice on behalf of Respondent Nos. 2 to 6. 5.

Untill further orders, there shall be no actual allotment of the plot to Respondent No.9 or to anybody else.

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All office objections to be removed on or before 01.04.2024, failing which, the Petition would stand dismissed without reference to the Court on 02.04.2024.

( R.M.JOSHI, J. ) ( RAVINDRA V. GHUGE, J.)