Kalpana Suresh Pingale And ORS v. The State Of Maharshtra And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7969 OF 2011 Sau.Kalpana Suresh Pingale and others Vs. The State of Maharashtra and others.

WITH C.A.NO.4637 OF 2016 IN W.P.NO.7969 OF 2011.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.M.S.Kulkarni, advocate for the Petitioners. Miss. S.S.Raut, A.G.P. for Respondent Nos.1 and 2. Mr.V.S.Bedre, advocate for Respondent No.3.

Mr.Sanket Kulkarni, advocate for Respondent No.4. CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 04.08.2016.

PER COURT :

1.

We have heard Mr.M.S.Kulkarni, learned counsel for the petitioners, Mr.V.S.Bedre, learned counsel for Respondent No.3 Corporation, Miss. Raut, learned A.G.P. for Respondent Nos.1 and 2 and Mr.Sanket Kulkarni, learned counsel for Respondent No.4. 2.

It is submitted that the petitioners had filed an application on 11.8.2011, seeking regularisation of their construction. This Court vide order dated 7.12.2011, had granted Rule and interim

relief in terms of prayer clause (B).

3.

It is submitted that the application for regularisation dated 18.8.2011, has not yet been decided. Mr.Bedre, learned counsel for the Corporation on instructions accepts that no final orders on the application of the petitioners seeking regularisation are passed. 4.

In view of that, we are not entering into the merits of the contentions of the respective parties. The interim order is in force for almost five (5) years. Interest of justice would be sub-served by passing the following order :

a) The Respondent Corporation shall decide the application filed by the petitioners on 18.8.2011, on its own merits in accordance with law, rules and its policies expeditiously, preferably within three (3) months.

b) The interim relief granted on 7.12.2011 in terms of prayer clause (B) shall continue till the decision by the Corporation on the application of the petitioners dated 18.8.2011 and for a further period of two (2) weeks from the date of said decision, in case the decision goes against the petitioners.

c) Rule accordingly made partly absolute. No costs. d) The Civil Application also stands disposed of. (K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.04.08.2016.

asp/office/wp7969.11