Satish Govind Gondkar And Others v. The State Of Maharashtra And Others

1 WP 9406/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9406 OF 2014 Satish Govind Gondkar and others Petitioners V E R S U S The State of Maharashtra and others Respondents Mr. S.B. Talekar, Advocate for the petitioners Mr. U.S. Mote, AGP, for respondent nos.1 to 4/State Mr. A.R. Sarlve, Advocate for respondent no.5 Mr. D.P. Palodkar, Advocate for respondent no.6 Mr. A.V. Hon, Advocate for respondent no.8 CORAM : A. V. NIRGUDE & V. K. JADHAV, JJ.

DATE : 13th February, 2015 PER COURT :

1.

After hearing the submissions on the petition and after we expressed our view, the learned counsel for the petitioners seeks permission to withdraw the petition. Permission is granted. The petitioners are given liberty to take further action for getting the land in question de­reserved. Learned counsel for the petitioners also contended that his clients be permitted to treat this petition under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. We are not inclined to give any finding on this submission as it is not only outside the scope of this petition, but we quite see possibility of such stand

2 WP 9406/2014 being taken in subsequent litigation. Nonetheless we are inclined to expect the petitioners to issue fresh notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 to the appropriate authority as contemplated under Section 177 read with Section 136 of the Maharashtra Regional and Town Planning Act so as to leave no doubt about the compliance of Section 127 of the Maharashtra Regional and Town Planning Act. The Writ Petition stands disposed of accordingly.

( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) SRM/13/2/15