Gulamnabi Fakir Shaikh v. Vasai Virar Municipal Corporation

1-OSWP-1456-2024.DOC Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1456 OF 2024 Gulamnabi Fakir Shaikh & Anr.

...Petitioners

Versus

Vasai Virar Municipal Corporation & Ors.

...Respondents

Mr Muthahar Khan, a/w Mr Jishan Answari, i/b., S. Shamim & Co., for the Petitioners.

Ms Swati Sagavekar, for Respondent Nos. 1 and 2-VVMC. Mr Javed R. Patel, for Respondent Nos. 3 to 9.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

1st July 2024 PC:- 1.

Learned Counsel for the Respondent Nos. 3 to 9 points out that this Petition does not pertain to the assignment of the Original Jurisdiction of this Court. He submits that this Petition should have been filed in Appellate Side.

2.

Learned Counsel for the Petitioner admits the above position and request for leave to convert the Petition as having been filed on 1st July 2024

1-OSWP-1456-2024.DOC the Appellate Side. Leave is granted. Necessary amendment to be carried out latest by tomorrow.

3.

Learned Counsel for the Respondent Nos. 3 to 9 states that he will serve the copy of the Writ Petition (St.) No. 18113 of 2024(AS) filed by these Respondents upon the learned Counsel for the Petitioner and the Vasai Virar Municipal Corporation today itself. Learned Counsel for the Respondent Nos. 3 to 9 requests that the matter be kept on 3rd July 2024 to enable him to obtain instructions about the withdrawal of R.C.S. No. 524 of 2023. 4.

Learned Counsel for the Petitioner and Corporation also request that the Petition now mentioned by the learned Counsel for the Respondent Nos. 3 to 9 be placed by 3rd July 2024, so that they can take instructions on the same.

5.

Place both these Writ Petitions on 3rd July 2024. (Kamal Khata, J) (M.S. Sonak, J) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.07.02 10:29:25 +0530 1st July 2024