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Bombay High CourtIA/13304/2024disposed off

Mr. Pandarinath Gopal Tandel v. The Rehabilitation Officer Cidco, And ORS.

2025-02-21Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak2 pages

(903) IA-13304.24.DOCX by LAXMIKANT GOPAL CHANDAN Date:

2025.02.21 15:21:45 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13304 OF 2024 IN WRIT PETITION NO.5129 OF 2018 Pandharinath Gopal Tandel : Applicant/Petitioner

Versus

The Rehabilitation Officer, CIDCO & ors.: Respondents ______________________________________________________ Mr Jitendra M Pathade, for Applicant/Petitioner. Mr Aditya R Deolekar, AGP, for Respondent - State. Mr Aniruddha A Garge, for Respondent No.6 (NMMC). Mr. G S Hegde, Senior Advocate, for the Respondent-CIDCO. ______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

21 February 2025 PC:- 1.

Mr. Hegde, the learned Senior Advocate for the CIDCO, on instructions, states that the Petitioner's application for regularization was rejected some time in 2016. He states that there is no provision to entertain the representations after regularization application is already rejected. 2.

At this stage, the learned counsel for the Petitioner states that no rejection of Petitioner's application for regularization has been communicated to the Petitioner till date.

3.

Accordingly, it will be appropriate if the CIDCO files an

(903) IA-13304.24.DOCX affidavit placing on record the order of rejection of regularization and proof of its communication. Further, the CIDCO should also address the Petitioner's allegations that in the same locality almost 15 out of 16 stalls of BMTC's employees have been regularized.

4.

Mr. Hegde states that such an affidavit will be filed and served by 07 March 2025.

5.

List the matter on 13 March 2025, to be shown High on Board.

6.

The protection granted by our order dated 17 February 2025 to continue till the next date.

7.

The learned counsel for the Petitioner states that the 15 regularized stalls are in Sector 2, CBD Belapur, near Maruti Mandir. He states that he has any further details, he will furnish the same to the learned counsel for the CIDCO within seven days. He states that he will, in any event, give the photographs of the regularized structures to the learned counsel for the CIDCO in next seven days. If we find that the Petitioner is delaying the matter, then we will consider vacating the ad-interim order granted.

(Jitendra Jain, J) (M.S. Sonak, J)