Raj Nandini Properties Pvt Ltd Through Its Director v. The State Of Maharashtra And Others

( 1 ) 10684.19wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10684 OF 2019 Raj Nandini Properties Pvt. Ltd.

Through it's Director Ashok S/o Jainarayan Baheti Age: 43 years, Occupation: Business, Resident of Baheti Niwas, Keli Bazar Aurangabad, Dist.Aurangabad PETITIONER

VERSUS

1.

The State of Maharashtra Through Secretary, Urban Development Department Mantralaya, Mumbai-400032 2.

The Commissioner, Municipal Corporation, Aurangabad Dist. Aurangabad 3.

The Administrator City And Industrial Development Corporation of Maharashtra Limited Udyog Bhavan, New Aurangabad- 431003 4.

Shree Gajanan Vaibhav Commercials Pvt.Ltd., having its Registered Office At 189, Rohitra, Samarth Nagar Aurangabad, through its Chairman Pandit S/o Tryambak Nankar Age: 75 years, Occupation:Business Resident of as above RESPONDENTS Mr A.D. Soman,Advocate for the petitioner;

Mrs P.V. Diggikar, A.G.P. for respondent No.1; Mr A.P. Bhandari,Advocate for respondent No.2;

( 2 ) 10684.19wp Mr S.V. Deshmukh, Advocate for respondent No.3; Mr A.S. Shelke, Advocate for respondent No.4 CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATED :

26th NOVEMBER, 2019 ORAL ORDER:

Mr Soman, learned Counsel for the petitioner, on instructions, submitted that in a notice dated 23rd January, 2019 issued by the Ward Officer, there is reference of Section 406(2)(e) of the Municipal Corporation Act, 1949 and this provision deals with remedy of an appeal against the valuation and taxes, as such, the petitioner be permitted to withdraw the petition, with a libery to take appropriate steps for availing remedy of appeal, in view of Section 406 (2) (e) of the Municipal Corporation Act of 1949.

2.

Accordingly, the petition is allowed to be withdrawn, with liberty as prayed for.

[ANIL S. KILOR, J.] [PRASANNA B. VARALE,J.] Tupe