Jitendra Shantilal Mutha v. The State Of Maharashtra Through Department Of Urban Development Mantralaya Mumbai

27-CP-365-23+2.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 365 OF 2023 IN WRIT PETITION NO. 8398 OF 2022 M/s Sakshi Heights Pvt. Ltd.

Through its Director Sambhaji Ramkrushna Atkare ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS AND CONTEMPT PETITION NO. 375 OF 2023 IN WRIT PETITION NO. 8069 OF 2022 M/s Jayesh Infrastructure Registered Partnership Firm Through its Director Imtiyaz Khan Sardar Khan ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS AND CONTEMPT PETITION NO. 470 OF 2023 IN WRIT PETITION NO. 1570 OF 2023 Jitendra Shantilal Mutha and Others ..PETITIONERS

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CP/354/2023 IN WP/11138/2022 WITH CP/472/2023 IN WP/1574/2023 WITH CP/477/2023 IN WP/8060/2022 1 / 2

27-CP-365-23+2.odt ....

Mr. D.P. Palodkar, Advocate for petitioners Mr. D.R. Kale, I/c Government Pleader for respondent - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 20th SEPTEMBER, 2023 PER COURT :

1.

Learned Government Pleader places on record copy of the Government notification dated 11th September, 2023 indicating the order to have been complied with. Our attention has, however be drawn to Clause (ii) in the schedule (A-1) appended to the notification wherein it has been observed "Land so released would included in the resident zone as shown on plan". The copy of plan referred therein is not on record. 2.

Learned counsel for the petitioners apprehends authentication of the plan referred to in the said clause may not be done within a reasonable time.

3.

Since the order has been substantially complied with, all the contempt petitions stand disposed of with liberty to the petitioners to revive the petitions, if authentication of the plan is not done within a period of five weeks.

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2