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Bombay High CourtMCA/341/2021disposedoff

Pratibha Shaligram Arathe v. State Of Maha. Thr. Secretary, Dept. Of Urban Development, Mumbai And Others

2021-09-24Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Vinay Joshi2 pages

MCA414.20 with ors..odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

MISC.CIVIL APPLICATION (R) No.414/2020 in W.P.NO.8249/2017(D) Subhadra J. Atal Dead through LRS Jagannath B.Atal and ors Vs.

The State of Mah through Secretary Department of Urban Development, Mumbai and with MISC.CIVIL APPLICATION (R) No.343/2021 in W.P.NO.8246/2017(D) Kamal S.Borkar Vs. State of Mah. through Secy. Deptt. Urban Development & ors. with MISC.CIVIL APPLICATION (R) No.344/2021 in W.P.NO.8243/2017(D) Namdeo G.Thakre Vs. State of Mah. through Secy. Deptt. Urban Development & ors. With MISC.CIVIL APPLICATION (R) No.341/2021 in W.P.NO.8242/2017(D) Pratibha S. Arathe Vs. State of Mah. through Secy. Deptt. Urban Development & ors. ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri S.O.Ahmed, Advocate for applicants in all applications. Shri D.P. Thakre, Additional Government Pleader for non-applicant nos. 1 and 4 in all applications.

Shri S.S.Bhalerao, Advocate for non-applicant nos. 2 and 3 in all applications. CORAM :- A.S.CHANDURKAR AND VINAY JOSHI, JJ.

DATED :- September 24, 2021.

Heard learned counsel for the parties and perused the documents placed on record.

As per the averments made in paragraph 10 of the review application, the applicants got knowledge of the order dated 18.02.2019 on 16.10.2020. In the reply filed by non-applicant nos. 2 and 3 it is stated that by letters dated 19.09.2019 and 13.09.2019 the applicants were given knowledge of the orders passed by this Court in the respective writ petitions. In that view of the matter and as noted in the order dated 22.12.2020 that the earlier counsel representing the applicants had communicated the order passed by this Court immediately, we are not inclined to review the consent order dated 18.02.2019.

MCA414.20 with ors..odt 2 It is pointed out by the reply filed on behalf of the Municipal Council that the State Government has issued Notification dated 20.09.2019 in the matter of renewal and transfer of municipal property. It is further submitted that the issue with regard to renewal and transfer of municipal property would now be governed by the said Notification.

It is clarified that if the applicants seek any benefit under the Notification dated 20.09.2019, the order dated 18.02.2019 passed in the writ petitions shall not come in their way. With these observations all miscellaneous civil applications are disposed of. JUDGE JUDGE Andurkar..