Shaikh Hasanoddin Shaikh Kamaloddin And Others v. The State Of Maharashtra Thr Dept Of Urban Development And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6972 OF 2021 Shaikh Hasanoddin Shaikh Kamloddin and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri D. P. Palodkar, Advocate h/f Shri A. A. Khan, Advocate for Petitioners.

Shri S. G. Karlekar, A.G.P. for the Respondent No. 1. Shri S. G. Chapalgaonkar, Advocate for Respondent Nos. 2 and 3. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

12TH JULY, 2021.

FINAL ORDER :

.

We have heard Mr. Palodkar, the learned advocate for petitioners.

2.

Mr. Chapalgaonkar, the learned advocate for the Municipal Corporation on instructions makes a statement that the corporation would follow the procedure U/Sec. 81(B) of the Maharashtra Municipal Corporations Act. The learned counsel further submits that, the corporation would also decide the representation of petitioners on its own merits. 3.

In view of the statement made by Mr. Chapalgaonkar, the learned advocate for the Corporation on instructions that, the

2 wp 6972.21 corporation, if it wants to take further action would resort to procedure U/Sec. 81(B) of the Maharashtra Municipal Corporations Act and that legal procedure would be followed. So also would decide the representation of the petitioners for providing alternate shops, no further orders are required to be passed in the present writ petition.

4.

In case some orders/resolutions are passed adverse to the interest of the petitioners, the petitioners would have remedy in accordance with law.

5.

In the light of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/July 21