Abdul Sami Khan Hafiz Mehmood Khan And Another v. The State Of Maharashtra Through Department Of Urban Development And Others

2024:BHC-AUG:11280-DB 5704.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 72 WRIT PETITION NO. 5704 OF 2024 ABDUL SAMI KHAN HAFIZ MEHMOOD KHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF URBAN DEVELOPMENT AND OTHERS ....

Mr D. P. Palodkar, Advocate h/f Mr S. S. Khoche, Advocate for Petitioners;

Mr R. K. Ingole, A.G.P. for Respondent No.1 Mr N. Y. Chavan, Advocate h/f Mr S. P. Urgunde, Advocate for Respondent No.2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 18th June, 2024 PER COURT:

1.

We have heard the learned Advocates for the respective sides. Since there is no provision for reviewing the order passed by the concerned Authority (the impugned order dated 15/09/2023), the Petitioners have no option but to prefer a challenge under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 (the said Act), before Respondent No.1/Department of Urban Development, Mumbai.

5704.24wp (2) 2.

In view of the above, this Writ Petition is disposed off. In the event, the Petitioners approach Respondent No.1 by preferring a proceeding, as prescribed under Section 47 of the said Act, the same shall be dealt with by the Competent Authority by following the due procedure laid down in law, as expeditiously as possible.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk