Moin Khan Asadullah Khan And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO.268 OF 2022 IN WP/11902/2021 MOIN KHAN ASADULLAH KHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.D.P.Palodkar, Advocate for the petitioners. Mr.A.R.Kale, AGP for respondent/State.

Mr.S.S.Tope, Advocate for respondent No.7.

( CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.) DATE : JUNE 24, 2022 PER COURT :

1.

The learned AGP submits that the enquiry has been concluded and a clearance has been given by the Government for grant of TDR. There is no legal impediment in the path of the petitioners for granting them the TDR.

2.

Mr.Tope, the learned Advocate representing respondent No.7 submits on instructions that the enquiry was completed more than a year ago. After the report was considered, there is no irregularity in so far as the petitioners are concerned. He places on record a communication received by the Aurangabad Municipal Corporation (4 khs/June 2022/268

- 2 - pages) dated 30.05.2022. The same is marked as "X-1" for identification.

3.

The learned AGP submits a copy of the communication from the Deputy Director, Town Planning, Aurangabad to the Principal Secretary, Rural Development Department, Mantralaya dated 26.02.2021. The same is marked as X-2 for identification.

4.

The learned Advocate for the petitioners submits on instructions that as the petitioners have no grievance and as it is a mere formality for the Corporation to issue an appropriate order permitting the loading of the TDR, this petition can be disposed off, provided the Corporation acts within 15 days.

5.

The learned Advocate Mr.Tope submits that the Corporation would surely do the needful within two months. The petitioners are satisfied.

6.

As such, by recording the above statement and expecting the Corporation to stand by the statement made and do the needful on or before 30.08.2022, this contempt petition is disposed off, as withdrawn. ( ANIL L. PANSARE, J. ) ( RAVINDRA V. GHUGE, J.) khs/June 2022/268