Ramdil Resorts Pvt. Ltd. Thr Its Poa v. State Of Maharashtra Thr Its Secretary And ORS

by GAURI AMIT GAEKWAD Date:

2023.07.11 11:06:09 +0530 GAURI AMIT GAEKWAD 1/3 25.WP-7456-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7456 OF 2023 Ramdil Resorts Pvt. Ltd.

....Petitioner V/s.

State of Maharashtra and Ors.

....Respondents ---- Mr. Sandeep S. Ladda a/w. Mr. Yashodeep Deshmukh, Mr. Bharat More, Mr. Adnan Ansari and Mr. Adesh Jadhav for petitioner. Mr. K.S. Thorat, AGP for respondent - State.

---- CORAM : K. R. SHRIRAM & FIRDOSH P. POONIWALLA, JJ.

DATED : 6th JULY 2023 P.C. :

Prayer clause - (a) is for a mandamus to quash and set aside a notice dated 10th May 2023 issued by respondent no.3, copy whereof is at Exhibit "H" to the petition. Prayer clause - (b) is to direct respondent no.3 to decide petitioner's application dated 4th February 2021, copy whereof is at Exhibit "G" to the petition.

Mr. Thorat states that petitioner's application will be decided within such period as the Court will direct and a personal hearing will also be given to petitioner.

We accept the statement of Mr. Thorat and direct respondent no.3 to dispose petitioner's application dated 4th February 2021 on or before 31st August 2023. Before passing any order, respondent no.3 shall give

2/3 25.WP-7456-2023.doc personal hearing to petitioner, notice whereof shall be communicated atleast five working days in advance. Should petitioner wish to file written submissions recording what transpired during the personal hearing, petitioner may file the same within two working days of the personal hearing. The order to be passed by respondent no.3 shall be a reasoned order dealing with every submission of petitioner. As regards the notice dated 10th May 2023, petitioner may file a response to the notice and raise all grounds available in law in the reply to be filed. The reply to be filed within two weeks from today. Thereafter, respondent no.3 shall take further steps and dispose the matter on or before 31st August 2023. Before passing any order, respondent no.

3 shall give personal hearing to petitioner, notice whereof shall be communicated atleast five working days in advance. Should petitioner wish to file written submissions recording what transpired during the personal hearing, petitioner may file the same within two working days of the personal hearing. The order to be passed by respondent no.3 shall be a reasoned order dealing with every submission of petitioner. Since respondent no.3 has to dispose both petitioner's application as well as notice issued by respondent no.3 to petitioner, if there is no legal impediment, respondent no.3 may dispose both together.

3/3 25.WP-7456-2023.doc Petition disposed.

We clarify that we have not made any observations on the merits of the matter.

(FIRDOSH P. POONIWALLA, J.) (K. R. SHRIRAM, J.)