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Bombay High CourtWP/3242/2021dismissed as withdrawn

Nandkishor Balkisanji Gandhi v. State Of Maharashtra Through Its Divisional Commissioner Amravati And Others

2021-12-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

41wp3242.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3242/2021 Nandkishor Balkisanji Gandhi ...Versus... State of Maharashtra and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ Mr. Deoul Pathak, Advocate for petitioner Ms. H.Jaipurkar, AGP for Respondent No.1 Mr. D.M.Totey, Advocate for Respondent Nos. 2 and 3 Mr. V.B.Gawali, Advocate for Respondent No.4 CORAM : AVINASH G. GHAROTE, J.

DATE : 16/12/2021 As the court was not inclined to interfere, Mr. Pathak, learned counsel for the petitioner, seeks to withdraw the writ petition with liberty to apply to the appropriate authority for regularization of the alleged structure, in case the same is permissible as per law. He however submits that since this would take some time, a breather of 15 days be granted, during which time the application would be made and the decision be taken by the appropriate authority in that regard. He further submits that in case the decision goes against him, the petitioner shall remove the offending construction. The statement is accepted.

The petition is dismissed as withdrawn with liberty as prayed for.

The respondent Gram Panchayat shall refrain

41wp3242.21.odt from taking any action against the construction of the petitioner for a period of 15 days from 20.12.2021, on which date the application as indicated above should be filed before the appropriate authority.

JUDGE rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: