Vyankatramanna Developers Udgir Through Its Partner Ajay Pralhadrao Malge v. The State Of Mahrashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 WRIT PETITION NO.11711 OF 2019 VYANKATRAMANNA DEVELOPERS UDGIR THROUGH ITS PARTNER AJAY PRALHADRAO MALGE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Bhavthankar Vivek Vasantrao AGP for Respondents State: Mr K B Jadhavar

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 24th September, 2019 ORDER:

1.

In fact the resolution is already passed by the Municipal Council on 15.03.2018 cancelling the decision to construct shops on BOT basis. According to the petitioner, an agreement was executed in favour of the petitioner in the year 2009 for constructing shops and building on BOT basis. As the land was under reservation further steps could not be undertaken.

2.

The sanctioning of land by the Government in favour of the Municipal Council is an administrative decision and policy decision. The petitioner may assail the resolution passed as may be permissible in law before the appropriate authority.

3.

In light of above, the writ petition disposed of. No costs.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC