Bombay High CourtMCA/1100/2015dismissedrule discharged

Shri Ramdas S/O Govind Daiwatkar And Other v. State Of Maharashtra, Through Its Secretary, Urban Development Department, Mumbai And Others

2015-10-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

1 cao1776.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLN. (O) NO. 1776 OF 2015 IN M. C. A. ST. NO.18524 OF 2015 IN WRIT PETITION NO. 819 OF 2014 [D] Ramdas S/o Govind Dalwatkar, since died thr. His L.Rs. Smt.Madhavi Wd/o Ramdas Dalvatkar and ors. -vs.- State of Maharashtra, thr.Secretary Urban Development Deptt. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.V.Kale, counsel for the applicants.

Mr. A.S.Fulzele, Addl.G.P.for the respondent Nos.1 to 4. CORAM : SMT. VASANTI A. NAIK & PRASANNA B. VARALE, JJ.

DATED : 09.10.2015.

CIVIL APPLN. (O) NO. 1776 OF 2015 For the reasons recorded in the civil application, the delay in filing the review application is condoned. Civil application is allowed and disposed of.

M. C. A. ST. NO.18524 OF 2015 By this review application, the applicants seek a review of the order, dated 07/07/2015 on the ground that the basis for dismissal of the writ petition was the judgment, dated 08/08/2012 in Writ Petition Nos. 2495 and 2502 of 2011. It is stated that the judgment on which the order of dismissal of the writ petition is based has been stayed by the Hon'ble Supreme Court in Special Leave Petition. We are not inclined to review the order, dated 07/07/2015 on the ground raised by the applicants in the revision application, as we have not dismissed the writ petition only on the basis of the judgment, dated 08/08/2012 in Writ Petition Nos. 2495

2 cao1776.15.odt and 2502 of 2011, but a couple of other reasons are also recorded in the order for dismissal of the writ petition, including the reason that the respondent No.5 has completed the development on land bearing Khasra No.141/2 and 142/1 (New).

Since no ground has been made out for reviewing the order, dated 07/07/2015, the review application is dismissed with no order as to costs.

JUDGE JUDGE KHUNTE