Shaikh Maheboob Babumiya v. The State Of Maharashtra And Others

2025:BHC-AUG:6250-DB 1 ca 1516.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1516 OF 2025 IN WRIT PETITION NO. 10390 OF 2018 WITH WRIT PETITION NO. 10390 OF 2018 Shaikh Maheboob Babumiya Shaikh Babumiya .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Shivkumar K. Mathpati, Advocate for the Applicant. Shri S. B. Pulkundwar, A.G.P. for the Respondent Nos. 1 to 3. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 03RD MARCH, 2025.

ORDER :

.

Heard learned counsel for the applicant and the learned Assistant Government Pleader for contesting respondents. The applicant/petitioner being specially abled person has applied to the Municipal Council, Degloor for granting him a land on lease. The Municipal Council rejected the application on 15.12.2021 for the reason that piece of land which the petitioner was asking for was reserved in D. P. plan. Thereafter, the petitioner moved this amendment application to add the prayer to seek the direction against the Chief Officer, Municipal Council. However, after having gone through the application, we find that this

2 ca 1516.25 application is vague. No specification of land has been mentioned. So in such circumstances, it would not be appropriate to direct the Chief Officer to find a land for him. It is for the applicant to give details and description of the land so that the Chief Officer may proceed with. Hence, we find no purpose would be served, even if we allow the application for amendment.

2.

Learned counsel for the applicant seeks leave to withdraw the civil application and writ petition with liberty to move an appropriate application to the Chief Officer, Municipal Council, Degloor. Leave granted. The civil application as well as the writ petition stand disposed of.

[SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/March 25