Dr. Zakir Hussain Urdu High School And Junior College Pulgaon Thr. President v. The State Of Maharashtra Thr. Secretary Dept. Of Revenue And Forest Mantalaya Mumbai And Others

WP4297-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.4297/2016 (Dr. Zakir Hussain Urdu High School & Junior College, Pulgaon .vs. The State of Maharashtra, through the Secretary and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.P. Bhandarkar, Advocate for Petitioner. Ms. N.P. Mehta, AGP for Respondent Nos. 1 and 2. Mr. Abhay Sambre, Advocate for Respondent No.3. CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : October 24, 2016.

Leave to implead the Town Planner, Wardha as party respondent. The amendment be carried out forthwith.

The petition has been filed for a direction to respondent no.3 to sanction the proposal submitted by it for building permit.

In the affidavit-in-reply filed on behalf of respondent no.3, it is submitted that respondent no.3 has sought for certain documents from the petitioner and the said documents have been submitted by the petitioner. It is, however, submitted that the guidance is sought from the Town Planner, Wardha and that the building plan would be considered and the decision thereon would be taken after the guidance is sought from the Town Planner, Wardha.

In that view of the matter, the writ petition

WP4297-16.odt is disposed of with the following directions:- (i) Respondent no.4 is directed to consider the communication addressed by respondent no.3 and give its reply to respondent no.3 within a period of four weeks from today.

(ii) On receipt of the guidance from respondent no.4, respondent no.3 shall consider and decide the proposal submitted by the petitioner within a period of four weeks therefrom.

JUDGE JUDGE halwai