Laxman Chirkutrao Patil v. The Chairman, Nagpur Improvement Trust, Nagpur
1 76-mca-145-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION No.145/2023 (For Review) IN WRIT PETITION NO. 2352/2021 WITH WRIT PETITION NO. 2248 OF 2021 (D) Amar Asha Cooperative Housing Society Ltd. Nagpur Vs. Bhimrao s/o Maniramji Kakde and others WITH CONTEMPT PETITION NO.141/2023 IN WRIT PETITION NO. 2352/2021 (D) (Bhimrao Maniramji Kakde & Ors. Vs. The Chairman, Manojkumar Suryavanshi and Another WITH CONTEMPT PETITION NO. 138/2023 IN WRIT PETITION NO. 2248/2021 (D) (Laxman Chirkutrao Patil & Ors. Vs. The Chairman, Mr. Manojkumar Suryavanshi and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CP No. 141/2023 & 138/2023 Mrs. Swati Paunikar, Advocate for petitioners Mrs. S.S. Jachak, Advocate for respondents MCA No. 145/2023 Mrs. R.S. Sirpurkar, Advocate for Applicant Mrs. S.S. Jachk, Advocate for respondent NIT CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.
DATED : 1st FEBRUARY, 2024 Misc. Civil Application No.145/2023 seeks review of the order dated 20/12/2022 on the ground that it was passed upon an incorrect factual premise inasmuch as it proceeds on a presumption that the
2 76-mca-145-2023.odt DP plan reservation of 36 Mtr. wide road, from the layout of the applicant Society stood deleted as a result of which, the area became available for being regularized under the Gunthewari Act. It has been brought to our notice by the learned counsel for the respondent Nos.13 & 14 - Nagpur Improvement Trust that though on an earlier occasion the respondent no.13 had deleted the reservation, however, since such deletion was not within the four corners of the law, the said order has been recalled on account of which the reservation stands restored. This being the position, since it affects the very basis on which the order dated 20/12/2022 has been passed, the same needs to be reviewed. We accordingly allow the present application by reviewing the order dated 20/12/2022. The petition now be listed for hearing on 6th February, 2024.
Contempt Petition Nos.141/23 and 138/2023 In view of the above Contempt Petition Nos.141/2023 and 138/2023 stand dismissed.
(SMT. M.S.JAWALKAR J.) (AVINASH G. GHAROTE, J.) MP Deshpande