Ajit Vishnu Narvekar v. Asst. Commissioner (Estates)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.721 OF 2024 Ajit Vishnu Narvekar .. Petitioner

Versus

Assistant Commissioner (Estates) & Ors.

.. Respondents Dr.Uday Warunjikar a/w Sumit Kate i/b Aditya Kharkar, Advocates for the Petitioner.

UTKARSH KAKASAHEB BHALERAO Mr.Bhavik Manek i/b Sharad Wakchoure, Advocates for Respondent Nos.5 and 6.

UTKARSH KAKASAHEB BHALERAO Date: 2025.08.11 11:33:44 +0530 Ms.Anuja Tirmali a/w Jyoti Mhatre i/b Komal Punjabi, Advocates for Respondent Nos.1 to 4/MCGM.

Mr.Vaibhav Maskare, J.E. (Main), D Ward present in Court. Mr.Sachin Mahajan, S.E. (Main), D Ward present in Court. Mr.Gangurde, Colony Officer present in Court. Mr.Balip, Sub-Engineer, Estate Department present in Court.

CORAM

: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : AUGUST 08, 2025 P. C.

1.

Mr.Warunjikar, the learned advocate appearing on behalf of the Petitioner stated that this Writ Petition is wrongly listed before this

bench today as the same pertains to the assignment of the bench headed by G. S. Kulkarni, J.

2.

The learned advocate appearing on behalf of the MCGM as well as the Developer stated that this matter has been placed on board today before this bench because the issue involved in this Writ Petition is the same as in Writ Petition No.1545 of 2024 (Serial No.8 on today's board) and in which already an order is passed by the bench headed by G. S. Kulkarni, J. that the said matter is not to be placed before that Bench. Since the issues are the same, the matter has been listed before this Court today.

3.

We find that Writ Petition No.1545 of 2024 (Serial No.8 on today's board) is before us because G. S. Kulkarni, J. does not take up matters in which Mr.Vijay Kurle appears. However, as far as the present Writ Petition is concerned, there is no specific order by that Bench stating that the matter is not to be placed before them, and neither is there any order of the Hon'ble the Chief Justice (on the Administrative Side) specifically assigning the above Writ Petition to this Bench.

4.

Considering these facts and circumstances, we adjourn the above matter to 21st August 2025 and make it clear to the parties that if appropriate orders are not obtained for us to entertain the above Writ Petition, the same will be thereafter placed before the regular Bench taking up the matters arising out of the MMC Act. 5.

Stand over to 21st August 2025.

6.

It is needless to clarify that the ad-interim order passed on 11th March 2024 shall continue.

7.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]