Khushal S/O Parasramji Bamnote And Others v. Union Of India, Ministry Of Housing And Urbn Affairs, New Delhi Through Its Secretary And Others
25-CAW 988.2022.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (W) NO. 988/2022 IN WRIT PETITION NO.2712 OF 2021 Khushal s/o Parasramji Bamnote and others.
Vs.
Union of India, Ministry of Housing and Urban Affairs, through its Secretary, New Delhi and others.
------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri R.S.Charpe, Advocate for petitioners.
Shri N.S.Deshpande, Assistant Solicitor General of India, for respondent no.1.
Shri N. S. Rao, Assistant Government Pleader for respondent no.2. Shri G.A.Kunte, Advocate for respondent nos. 3 and 4. CORAM :- SUNIL B. SHUKRE AND SMT. M.S.JAWALKAR, JJ.
DATE :- MAY 02, 2022.
In view of the desire expressed by petitioner nos. 1, 3 and 8 in the application to withdraw the petition, they are allowed to withdraw the petition.
The application stands disposed of.
WRIT PETITION NO. 2712/2021 In view of allowing of the application bearing Civil Application (W) No.988/2022 filed by the petitioner nos. 1, 3 and 8 i.e. Khushal s/o Parasramji Bamnote, Govardhan Nirankan Bansod and Keshav s/o Sahebrao Bajad, respectively, the writ petition is disposed of as withdrawn. 2.
The petitioners barring petitioner nos. 1, 3 and 8 are facing difficulties in paying the price demanded as consideration for getting the ownership of the residential apartments constructed under the Prime Minister's Housing Scheme by the respondent nos. 3 and 4 within the last date stipulated in the demand notice. Now, the learned counsel for
25-CAW 988.2022.odt 2 the petitioners submits that if further time is granted to these petitioners, the petitioners would be in a position to obtain necessary loans from their banks and thus would be in a position to pay the price of the residential apartments as consideration.
3.
The leaned counsel for the respondent nos. 3 and 4 submits that the note-sheet for extension of time has already been moved before the Competent Authority and the Competent Authority is likely to take a decision in that regard very soon.
4.
Considering the extension granted earlier to these petitioners barring petitioner nos. 1, 3 and 8, we are of the view that further two months time from 10th April 2022 can be granted to the remaining petitioners so that they can pay the consideration price by obtaining necessary loans from the banks.
5.
In the connected writ petition we had already directed the respondent nos. 3 and 4-Competent Authorities to extend the time for payment of consideration till 10th June, 2022 and, therefore, this petition being similar to other petition, we direct the respondent nos. 3 and 4 to grant extension for payment of consideration in the demand notice by way of last chance till 10th June, 2022. The petition is disposed of accordingly. In case the consideration price is not paid within the extended time as granted by way of last chance, the respondent nos. 3 and 4 shall be at liberty to proceed against the remaining petitioners in accordance with law.
(SMT. M.S.JAWALKAR, J.) (SUNIL B. SHUKRE, J.) ANDURKAR Personal Assistant 02.05.2022 18:40 Andurkar..