Atc Telecom Infrastructure Pvt. Ltd v. The Chief Officer Ratnagiri Municipal Council And ORS

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.02.02 13:32:29 +0530 4 wp 9335 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9335 OF 2021 ATC Telecom Infrastructure Pvt. Ltd.

...

Petitioner

Versus

The Chief Officer, Ratnagiri Municipal Council and Ors.

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Respondents Mr. D.S.Patil, for Petitioner.

Mr. Rakesh Bhatkar, for Respondent No.1.

Mrs. P.N.Diwan, AGP, for State.

CORAM:

S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE:

31st JANUARY, 2022 ( THROUGH VIDEO CONFERENCING ) P.C.:

1.

This Application is for Speaking to the Minutes of the order dated 21st January, 2022.

2.

The submission of the learned Advocate for the Petitioner is that the word 'not' be deleted from clause (iii) of paragraph 1 and that the Petitioner be allowed to operate the mobile tower until the CEO of Ratnagiri Municipal Council passes a fresh Order in the matter. By our said Order dated 21st January, 2022, we had directed the CEO, Ratnagiri Municipal Council to expeditiously hear the matter i.e. within a period of one week from the date of the Order and we had made it clear that in the meantime, the Petitioner will not operate the mobile tower. Accordingly, the CEO of Ratnagiri Municipal Council has heard the matter on 27th January, 2022 at SSP 1/2

4 wp 9335 of 2021.doc 12.00 noon. The question therefore, of deleting the word 'not' as sought by the Petitioner does not arise. The CEO, Ratnagiri Municipal Council shall pass his order on or before 4th February, 2022 and forward a copy of the same to the Petitioner and/or his Advocate.

3.

Application for Speaking to the Minutes is accordingly disposed of. ( MILIND N. JADHAV, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2