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Bombay High CourtWP/7859/2024disposed off

Babloo Moiddin Pathan And ORS v. Municipal Commissioner For Greater Mumbai Thr. Its Municipal Commissioner And ORS

2024-06-13Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

11-ASWP-7859-2024.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7859 OF 2024 WITH INTERIM APPLICATION NO. 9135 OF 2024 IN WRIT PETITION NO. 7859 OF 2024 Babloo Moiddin Pathan & Ors

...Petitioners

Versus

Municipal Commissioner for Greater Mumbai through its Municipal Commissioner & Ors

...Respondents

Mr Sayed Ejaz Abbas Naqvi, with Samir Vaidya, for the Petitioners. Mr RM Govilkar, Senior Advocate, with Santosh P & Pradeep Patil, for the Respondent-BMC.

Mr Abhijit Kulkarni, for Respondent No. 2-SRA. Mr Nivit Srivastava, with Sneha Patil, i/b Maniar Srivastava Associates, for Respondents Nos. 5 & 6-Developer. Mr PP Kakade, GP, with OA Chandurkar, Addl. GP & GR Raghuwanshi, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

13th June 2024 PC:- by SANDHYA BHAGU WADHWA Date:

2024.06.14 11:51:09 +0530 SANDHYA BHAGU WADHWA 13th June 2024

11-ASWP-7859-2024.DOC 1.

Mr Naqvi, learned counsel for the Petitioners states that he has instructions to withdraw this Petition. He points out that 2 of the Petitioners are present in the Court.

2.

This Petition is instituted by 9 Petitioners. The balance 7 Petitioners are not before us and thus learned counsel for the Petitioners states that he has instructions, we feel it unsafe to act on the motion made by the leanred counsel because we do not want the situation where the remaining 7 Petitioners report that they had not instructed their counsel to withdraw the Petitions. 3.

However, on merits, we dismiss this Petition. Considering the order passed by the Hon'ble Supreme Court on 10th May 2024 in the SLP instituted by the Petitioner to question this Court's order dated 2nd November 2023. Besides, we also adopt our reasoning in the order just dictated disposing of Writ Petition No. 17268 of 2024. For the above reasons, we dismiss this Writ Petition without any order of costs.

(Kamal Khata, J) (M.S. Sonak, J) 13th June 2024