Mr. Shankar Ganpat Naik. v. Sankhali Municipal Council, Through Its Chief Officer And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 506 OF 2015 MR. SHANKAR GANPAT NAIK.

... Petitioner

Versus

SANKHALI MUNICIPAL COUNCIL, THROUGH ITS CHIEF OFFICER AND ANR., ... Respondents Adv. Anthony D'Silva for the Petitioner.

Adv. Sandesh D. Padiyar For Respondent no.1.

Adv. Kapil Kerkar for Respondent no.2.

Coram:- S. B. SHUKRE, J.

Date:- 18th February, 2016 ORAL ORDER:

After hearing this matter for some time, learned counsel for the petitioner has sought leave of the Court to withdraw the petition with liberty to pursue his application filed for regularization of the construction that he has made.

2. Learned counsel for the respondents do not have any objection.

3. The writ petition is therefore, allowed to be withdrawn and is disposed of as withdrawn with liberty as prayed for.

4. It is directed that if the application which has already been filed does not comply with all the legal requirements, a fresh application shall be filed complying with all legal requirements within two weeks

WP/506/2015 from the date of the order and upon such an application being filed, the respondent no.1 shall consider the same in accordance with law within six weeks from the date of the order or filing of the application, as the case may be. Meanwhile, no coercive action shall be taken against the petitioner till final disposal of the application for regularization of the construction and also for further period of three weeks, in case any adverse order on the said application is passed, which period shall start from the date of passing of an adverse order. Petitioner shall not make any further construction or structural changes till final disposal of his regularization application. Petition is disposed of in the above terms.

S. B. SHUKRE, J.

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