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Bombay High CourtCA/12480/2021disposed off

Aurangabad Municipal Corporation Through Its Municipal Commissioner And Others v. Abdul Azeem Abdul Hakeem And Others

2021-11-26Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

ca12480.21 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12480 OF 2021 IN WP/4709/2018 WITH WP/4709/2018 WITH CA/4687/2020 IN WP/4709/2018 AURANGABAD MUNICIPAL CORPORATION THROUGH ITS MUNICIPAL COMMISSIONER AND OTHERS

VERSUS

ABDUL AZEEM ABDUL HAKEEM AND OTHERS ...

....

Mr. S.S. Tope, Advocate for applicants;

Mr. S.S. Thombre, Advocate for Intervenor (Applicant in C.A. No.4687 of 2020);

Mr. S.S. Koche, Advocate holding for Mr D.P. Palodkar, Advocate for petitioner in writ petition;

Smt. M.A. Deshpande, A.G.P. for respondent-State CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, J.

DATE : 26th November 2021 ORAL ORDER :

1.

We have heard the learned Counsel for the respective sides. 2.

By an order dated 9.5.2018, this Court had recorded that there is no dispute about the agreed rent and the petitioners had consented to deposit the rent of the current year. This is how the amount of rent was deposited directly with the Aurangabad Municipal Corporation. 3.

By yet another order dated 20.9.2019, this Court permitted the petitioners to deposit the rent of Rs.6,45,000/-, which has been deposited in this Court.

ca12480.21 (2) 4.

By this application, the Aurangabad Municipal Corporation desires to withdraw the said amount.

5.

The learned Advocate for the original petitioners does not oppose. 6.

In view of the above, this Civil Application is allowed. The applicant shall withdraw the amount through an authorized officer under identification by the learned Advocate.

7.

List Writ Petition No.4709 of 2018 along with Civil Application No.4687 of 2020 for hearing on 15.12.2021.

8.

All office objections in the writ petition shall be removed on or before 9.12.2021, failing which the petition shall stand dismissed without reference to the Court on 10.12.2021.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) amj