Mandakini Prahlad Panhale v. Sureshrao Bhimrao Jagdale And ORS

966(A)-WP-11119-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 966 WRIT PETITION NO.11119 OF 2023 WITH CA/11551/2023 SURESHRAO BHIMRAO JAGDALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. A. B. Girase a/w Mr. D. S. Bagul, Advocate for Petitioner Mr. S. G. Karlekar, Advocate for Respondent - State Mr. Sachin S. Deshmukh, Advocate for CIDCO Mr. M. S. Deshmukh, Advocate h/f Mr. U. L. Momale, Advocate for intervener ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:12.10.2023 PER COURT :- 1.

The learned Advocate representing the CIDCO authorities submits that the order dated 25.08.2023 was without issuing any notice to the Petitioner. The order dated 25.08.2023, tendered across the bar on behalf of CIDCO, is marked as "X-1" for identification.

2.

Shri M. S. Deshmukh, the learned Advocate representing the intervention applicant in Civil Application No.11551 of 2023, submits that the applicant needs to be added

(( 2 )) 966(A)-WP-11119-2023 as a Respondent since the layout pertains to the property of the applicant.

3.

The learned Advocate for the Petitioner submits that the applicant would be added forthwith.

4.

In view of the said statement, the Civil Application stands disposed off.

5.

The Petitioner as well as the individual Respondents agree to appear before the CIDCO authorities. For the said purpose, the order dated 25.08.2023 needs to be recalled. The learned Advocate for the CIDCO submits that the said order stands recalled being an exparte order.

6.

In view of the above, this Petition is disposed off. 7.

The litigating parties shall appear before the CIDCO at 12.00 noon on 18.08.2023. Needless to state that, the due procedure laid down in law would be followed and reasonable opportunity of hearing to the litigating parties would be granted by the authorities. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS