Mayura Promoters And Developers Thr Director v. State Of Maharashtra Thr Dept Of Urban Development And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13479 OF 2022 KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.01.20 17:35:19 +0530 Mayura Promoters and Developers ..... Petitioner

VERSUS

State of Maharashtra & Ors.

..... Respondents Mr.Prasad B.Kulkarni for the Petitioner.

Mr.A.P.Vanarase, A.G.P. for the State.

Mr.Aditya Vijay Dhangre, Petitioner present in person. Mr.Sandip Latke, Awwal Karkun, Cell Solapur present in person. CORAM: R. D. DHANUKA AND M.M. SATHAYE, JJ.

DATE : 18TH JANUARY, 2023 P.C:- Rule. Mr.Vanarse, learned A.G.P. waives service for the Respondents/State. Rule is made returnable forthwith. Taken up for final hearing by consent of the parties.

2.

Mr.Kulkarni, learned counsel for the Petitioner, at the outset on instructions from the Petitioner, who is present in Court states that, for the time being, he is not pressing prayer clause (a) of the petition and requests that the Respondent no.2 Collector, Solapur be directed to

2/4 decide the application/representation dated 25th November, 2020 as expeditiously as possible and in a time bound manner. 3.

Mr.Vanarase, learned A.G.P. for the Respondents on instructions, states that if the Petitioner appears before the Respondent no.2 Collector along with the documents, his application/representation dated 25th November, 2020 will be decided within four weeks. Statement is accepted.

4.

Learned counsel for the Petitioner invited our attention to certain documents including a report of the District Superintendent of Land Records, Solapur dated 22nd February, 2021 given to the Collector, Solapur. He submits that this report as well as other documents annexed to this petition, are supporting his case. It is obvious that the Collector, Solapur will have to consider all the documents relied upon by the Petitioner.

5.

In that view of the matter, following order is passed :- (a) The Petitioner is directed to appear before the Respondent no.2 Collector, Solapur on 23rd

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(b) The Petitioner would be at liberty to produce the copy of this petition in support of his application/representation dated 25th November, 2020.

(c) The Respondent no.2 Collector, Solapur is directed to decide the Petitioner's application within four weeks from today and take decision in accordance with law.

(d) The Respondent no.2 will communicate the order that would be passed to the Petitioner, within one week from the date of decision.

(e) It is clarified that this Court has not expressed any opinion on the merits of the Petitioner's application/representation and the same will be decided on its own merits in accordance with law.

(f) If the Petitioner's application/representation is allowed, consequential reliefs will be given to the Petitioner.

4/4 (g) If the Petitioner's application/representation is decided against him, the Petitioner would be at liberty to file appropriate proceedings as permissible in law.

5.

Writ petition is allowed in the aforesaid terms. Rule is made absolute accordingly. No order as to costs.

[M. M. SATHAYE, J.] [R. D. DHANUKA, J.]