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Bombay High CourtWP/4686/2022disposed off

Vivek S/O Subhaschandra Pande And Others v. The Principal Secretary, Urban Development Department, Mumbai And Others

2023-11-29Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 / 2 40.wp4686.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4686 OF 2022 Vivek s/o Subhashchandra Pande and Ors.

Vs.

The Principal Secretary, Urban Development Department, Mantralaya, Mumbai and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. N.R. Kanungo, Advocate for petitioners.

Ms. Kalyani Deshpande, AGP for respondent No.1/State. Mr. J.B. Kasat, Advocate for respondent No.2. Mr.Niranjan Jadho, Advocate h/f Mr. S.S. Jachak, Advocate for respondent No.4.

CORAM :SMT.ANUJA PRABHUDESSAI, AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 29.11.2023.

The petitioners' herein has sought direction against respondents to issue Notification deleting the entry of play ground/open space bearing Nos.W-57,W-58 over Plot No.9, in Khasra No.12/4, Mangesh Colony, Civil Lines, Nagpur.

2.

The aforesaid relief is sought based on the judgment dated 23.02.2016 in Writ Petition No.4093/2015, wherein the Division Bench of this Court had declared reservation of the land of the petitioner bearing Reservation Nos.W-57 and W-58 Prity

2 / 2 40.wp4686.2022 has lapsed, in view of the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966.

3.

Learned counsel for the petitioners states that in view of Notification dated 23.11.2023, issued pursuant to order dated 23.02.2016, the grievance of the petitioner stands redressed.

4.

Ms. Kalyani, learned AGP for respondent No.1, states that the present petition pertains to Reservation under Nos.W-57, W-58 and plot No.9, whereas the judgment dated 23.02.2016 in Writ Petition No.4093/2015 relates to reservation Nos.W57, W-58 over plot No.3. 5.

The petitioner does not want to pursue the petition in view of Notification dated 23.11.2023, hence, without going into the merits of the matter, the petition stands disposed of.

JUDGE JUDGE Prity