Ramprasad Patilba Dongre v. The State Of Maharashtra And Others

1 wp 15521.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15521 OF 2019 Ramprasad Patilba Dongre .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Anirudha A. Nimbalkar, Advocate for the Petitioner. Shri P. G. Borade, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

02ND JANUARY, 2020.

FINAL ORDER :

.

Mr. Nimbalkar, the learned counsel for the petitioner submits that, the Collector observed in the impugned order that, he has no jurisdiction, still rejected the application. The learned counsel further submits that, the Collector ought to have transferred the application filed by the petitioner for N. A. permission to the Maharashtra State Road Development Corporation Ltd. (M. S. R. D. C.).

2.

It appears from the order that, the Collector has rejected the application on the ground that he does not possess the jurisdiction.

3.

The petitioner may file fresh proposal with the M. S. R. D. C. as is observed in the impugned communication. If petitioner

2 wp 15521.19 files such an application with the M.S.R.D.C., then the M.S.R.D.C. shall take decision upon it on it's own merits, in accordance with law, expeditiously. While deciding the application, the impugned communication would not come in the way of the petitioner, nor would be an impediment for M.S.R.D.C. to take decision.

4.

In view of the above, the writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 20