Bombay High CourtWP/3895/2015dispossed offdismiss for default

Dr. Subhash S/O. Dyaneshwar Waghe And Others v. The Municipal Council, Narkhed, Through Its Chief Officer, And Another

2015-09-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP3895-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3895/2015 (SUBHASH DYANESHWAR WAGHE & OTHERS VERSUS THE MUNICIPAL COUNCIL, NARKHED & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Sanyal, counsel for the petitioners. Shri M.I. Dhatrak, counsel for the R-1.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 7 , 2015.

Heard.

By this petition, the petitioners have challenged the notice dated 03.07.2015 auctioning the land leased to the petitioners. The petitioners seek a declaration that the petitioners are entitled to get their lease agreement renewed for a period of three years on enhanced lease rent.

The respondent no.1-Municipal Council has filed an affidavit-in-reply. It is stated in the affidavit-in-reply that in pursuance of the representation made by the petitioners and certain other shop owners, a special meeting was called on 09.07.2015 and it was decided that the auction notice impugned in the instant petition would be cancelled. It is stated that the premium and rent that could be charged to the petitioners would be decided by a three member committee. It is stated that the permission of the State Government would be secured for leasing the property for a period of thirty years and the lease-deeds would be executed after auctioning the property.

Shri Sanyal, the learned counsel for the petitioners, states that in view of the statements made in the affidavit-in-reply, the grievance of the petitioners would stand redressed.

WP3895-15 In view of the aforesaid, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE APTE