Marotirao Ganeshrao Kagne And Others v. The City And Industrial Development Corporation Through Administrator

1 97-WP-14680-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14680 OF 2019 Shri. Marotirao S/o Ganeshrao Kagne and Ors.

...Petitioners

Versus

The City and Industrial Development Corporation, Aurangabad, Through its Administrator

...Respondent

Mr A.V. Indrale Patil, Advocate for Petitioners Mr Nikhil Tekale, Advocate for Respondent CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30TH JANUARY, 2020 PER COURT :

1.

We have heard Mr Patil, the learned Counsel appearing for the petitioners and Mr Tekale, the learned Counsel for the respondent.

2.

The petitioners have fled an application for amalgamation of plot. The communication has been issued that without prior permission of the Court, the order of amalgamation cannot be passed.

3.

It appears that The City and Industrial Development Corporation, Aurangabad is misinterpreting the order. It is the authorities, who have to take decision about the amalgamation

2 97-WP-14680-2019 of plot as per their rules and regulations.

4.

There is no impediment for the authorities to take decision on the application of the petitioner of amalgamation in accordance with the rules, regulations and guidelines. 5.

In light of that, the impugned communication is set aside.

6.

The respondent-authorities shall take decision upon the application of the petitioners for amalgamation as observed above, preferably within a period of three months. 7.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta