Bombay High CourtIA/13304/2024disposed off

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

2025-04-30Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak3 pages

2025:BHC-AS:19909-DB Sayyed 11-IA.13304.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13304 OF 2024 INTERIM APPLICATION NO.13304 OF 2024 IN IN WRIT PETITION NO.5129 OF 2018 WRIT PETITION NO.5129 OF 2018 WITH WITH WRIT PETITION NO.5129 OF 2018 WRIT PETITION NO.5129 OF 2018 Pandarinath Gopal Tandel Pandarinath Gopal Tandel ...Applicant/Petitioner ...Applicant/Petitioner

Versus

The Rehabilitation Officer The Rehabilitation Officer CIDCO, Thane & Ors.

CIDCO, Thane & Ors.

...Respondents

_____________________________________________________ Ms. Priyanka R. Singh h/f. Mr. Jitendra M. Pathade for the Applicant/ Ms. Priyanka R. Singh h/f. Mr. Jitendra M. Pathade for the Applicant/ Petitioner.

Petitioner.

Mr. Aditya R. Deolekar, AGP for the Respondent-State. Mr. Aditya R. Deolekar, AGP for the Respondent-State. Mr. Aniruddha A. Garge for Respondent No.6-NMMC. Mr. Aniruddha A. Garge for Respondent No.6-NMMC. Mr. G. S. Hegde, Senior Counsel a/w Ms. P. M. Bhansali for the Mr. G. S. Hegde, Senior Counsel a/w Ms. P. M. Bhansali for the Respondent-CIDCO Respondent-CIDCO _____________________________________________________ CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED:

30 April 2025 PC.:- 1.

Heard Ms. Singh, who holds for Mr. Pathade for the ApplicantHeard Ms. Singh, who holds for Mr. Pathade for the ApplicantPetitioner, Mr. Deolekar, learned AGP appears for the State, Mr. Hegde, Petitioner, Mr. Deolekar, learned AGP appears for the State, Mr. Hegde, learned Senior Counsel for CIDCO, and Mr. Garge appears for learned Senior Counsel for CIDCO, and Mr. Garge appears for Respondent No.6-NMMC.

Respondent No.6-NMMC.

After hearing the matter for some time on 21 February 2025, After hearing the matter for some time on 21 February 2025, we made the following order:- we made the following order:- "1. Mr. Hegde, the learned Senior Advocate for the CIDCO, on "1. Mr. Hegde, the learned Senior Advocate for the CIDCO, on instructions, states that the Petitioner's application for instructions, states that the Petitioner's application for regularization was rejected some time in 2016. He states that there regularization was rejected some time in 2016. He states that there is no provision to entertain the representations after regularization is no provision to entertain the representations after regularization application is already rejected.

application is already rejected.

Sayyed 11-IA.13304.2024.docx

2. At this stage, the learned counsel for the Petitioner states that no

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

communicated to the Petitioner till date.

3. Accordingly, it will be appropriate if the CIDCO files an affidavit

3. Accordingly, it will be appropriate if the CIDCO files an affidavit placing on record the order of rejection of regularization and proof placing on record the order of rejection of regularization and proof of its communication. Further, the CIDCO should also address the of its communication. Further, the CIDCO should also address the Petitioner's allegations that in the same locality almost 15 out of 16 Petitioner's allegations that in the same locality almost 15 out of 16 stalls of BMTC's employees have been regularized. stalls of BMTC's employees have been regularized.

4. Mr. Hegde states that such an affidavit will be filed and served by

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

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

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

continue till the next date.

7. The learned counsel for the Petitioner states that the 15 regularized

7. The learned counsel for the Petitioner states that the 15 regularized stalls are in Sector 2, CBD Belapur, near Maruti Mandir. He states 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 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 learned counsel for the CIDCO within seven days. He states that he will, in any event, give the photographs of the regularized will, in any event, give the photographs of the regularized structures to the learned counsel for the CIDCO in next seven days. 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 If we find that the Petitioner is delaying the matter, then we will consider vacating the ad-interim order granted." consider vacating the ad-interim order granted." 3.

Today, Ms. Singh, on instructions from her senior, states that Today, Ms. Singh, on instructions from her senior, states that they are withdrawing their Vakalatnama on behalf of the Applicantthey are withdrawing their Vakalatnama on behalf of the ApplicantPetitioner. In response to the court's query, she stated that the ApplicantPetitioner. In response to the court's query, she stated that the ApplicantPetitioner has been notified of today's hearing. Petitioner has been notified of today's hearing. 4.

Accordingly, we called out the Petitioner's name, but the Accordingly, we called out the Petitioner's name, but the Petitioner was absent.

Petitioner was absent.

This is a matter where Mr. Hegde, learned senior counsel for This is a matter where Mr. Hegde, learned senior counsel for CIDCO, has submitted that the Petitioner's application for regularisation CIDCO, has submitted that the Petitioner's application for regularisation was rejected in 2016. CIDCO has filed the order of rejection, and a was rejected in 2016. CIDCO has filed the order of rejection, and a categorical statement has been made in the affidavit regarding this categorical statement has been made in the affidavit regarding this communication. The affidavit also explains the status of the communication. The affidavit also explains the status of the regularisation of the other 15 stalls.

regularisation of the other 15 stalls.

In the above circumstances, we vacate the ad-interim order. In the above circumstances, we vacate the ad-interim order.

Sayyed 11-IA.13304.2024.docx 7.

To grant the Petitioner an additional opportunity, we place the To grant the Petitioner an additional opportunity, we place the matter on 7 May 2025 for "directions". We request Ms. Singh or her matter on 7 May 2025 for "directions". We request Ms. Singh or her senior Mr. Pathade to inform the Petitioner once again about the next senior Mr. Pathade to inform the Petitioner once again about the next date and record the notice along with proof of service. Accordingly, we date and record the notice along with proof of service. Accordingly, we expect Ms. Singh or Mr. Pathade to appear on 7 May 2025 along with a expect Ms. Singh or Mr. Pathade to appear on 7 May 2025 along with a notice and proof of service.

notice and proof of service.

If the Petitioner does not appear despite all the above efforts, If the Petitioner does not appear despite all the above efforts, we will consider whether this petition deserves to be dismissed. we will consider whether this petition deserves to be dismissed. The Interim Application is disposed of.

The Interim Application is disposed of.

(Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 02/05/2025 15:01:36