Ganpat Rangnath Kale v. Aurangabad Municipal Corporation Through Municipal Commissioner And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 WRIT PETITION NO.6999 OF 2023 WITH CIVIL APPLICATION NO.13198 OF 2023 IN WP/6999/2023 GANPAT RANGNATH KALE

VERSUS

AURANGABAD MUNICIPAL CORPORATION THROUGH MUNICIPAL COMMISSIONER AND OTHERS ....

Mr Niranjan Milind Deshpande, Advocate for Petitioner / Applicant Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.2 to 4 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 3rd November, 2023 PER COURT:

1.

While considering the Writ Petition, we noticed our earlier orders dated 17/07/2023 and 31/07/2023. It is noticed that the Petitioner before us is unable to show his right, title and interest in the property. The Petition was bereft of pleadings. Our order dated 31/07/2023 reads as under :- 1.

On 17/07/2023, we had passed the following order :

(2) "1.

We have considered the submissions of the learned Advocate for the Petitioner and the learned A.G.P. We have perused the chequered litigation history through the various orders passed by this Court, which are placed on record.

2.

After spending almost 10 minutes in this petition, we found that this petition is bereft of pleadings. The factual matrix is not narrated. The learned Advocate for the Petitioner is grappling with the facts.

3.

It would be appropriate to grant an adjournment to the Petitioner to study the matter properly.

4.

Stand over to 31/07/2023."

2.

Today, the learned Advocate for the Petitioner is not present before the Court and has entrusted the task of mentioning the matter to the learned Advocate Shri. S. N. Boiwar.

3.

Stand over to 04/08/2023 in the 'urgent orders' category. If on the next date, the matter is not worked out, we would proceed to decide the petition without the assistance of the learned Advocate for the Petitioner." 2.

The learned Advocate for the Petitioner/Applicant submits on instructions that, he would withdraw the Writ Petition.

(3) 3.

In view of the above, this Writ Petition is dismissed as withdrawn on instructions. Needless to state, the Civil Application also stands rejected.

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