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Bombay High CourtCA/10542/2016disposed offdismissed for default

Hansraj Machharumal Makhijani Through Power Of Attorney G M Makhijani v. Tejas Construction And Infrastructure Private Limited Through Pradip Ramrao Shelar And Others

2016-08-18Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane2 pages

928.WP.4764.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4764 OF 2016 Tejas Construction and Infrastructure Pvt. Ltd. ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CIVIL APPLICATION NOS. 10542 OF 2016, 10543 OF 2016, 10544 OF 2016, 10545 OF 2016, 10539 OF 2016, 10541 OF 2016, 10536 OF 2016, 10537 OF 2016 AND 10538 OF 2016.

....

Mr. R.S. Deshmukh, Advocate for petitioner.

Mr. S.S. Dande, A.G.P. for Respondent Nos.1 to 3. Mr. R.N. Dhorde, Senior Advocate h/f Mr. V.R. Dhorde, Advocate for Respondent No.4.

....

CORAM : R.M. BORDE AND K.K. SONAWANE, JJ.

DATED : 18th AUGUST, 2016 ORDER :

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The learned A.G.P. for State on instructions informed that the matter pertaining to eviction of the shopkeepers who claim to be the allottees and settled over Survey No. 4079­C situated at Chalisgaon is referred to the State Government and the State Government is expected to issue necessary directions/guidelines and thereafter the Collector is expected to take appropriate decision in the matter. 1 / 2

928.WP.4764.16.doc 2.

Considering the urgency of the matter, we direct the State to take appropriate decision or issue appropriate directions/guidelines within a period of four weeks from today. On receipt of the directions/guidelines from the State Government, the Collector shall take appropriate decision in the matter as expeditiously as possible and preferably within a period of two weeks thereafter. In the event of issuance of any adverse order, it would be open to the concerned parties/shopkeepers to avail of the remedies available in law within a period of 15 days therefrom and the State Government/Collector shall not take any adverse action during the aforesaid period of 15 days. 3.

With the directions as above, the writ petition stands disposed of. Pending applications in the petition do not survive and stand disposed of accordingly.

( K.K. SONAWANE, J. ) ( R.M. BORDE, J. ) SSD 2 / 2