Pramod Devendra Nazare Since Dec Thr His Legal Heirs v. Ichalkaranji Municipal Corporation Thr Its Commissioner And ORS

28-ASWP-8704-2024.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8704 OF 2024 Pramod Devendra Nazare since deceased through LRs

...Petitioners

Versus

Ichalkaranji Municipal Corporation through its Commissioner & Ors

...Respondents

Mr Tejas Dande, with Sarvesh Deshpande, for the Petitioners.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

28th June 2024 PC:- 1.

Heard Mr Tejas Dande, the learned counsel for the Petitioners.

2.

Mr Dande states that the service has been effected upon Respondent Nos. 1 and 4 in this Petition including a particular the 1st Respondent, i.e., Ichalkaranji Municipal Corporation. 3.

Mr Dande submits that on 26th March 2019, the Petitioners applied to the Corporation for issue of Gunthewari permission under the provisions of The Maharashtra Gunthewari Developments (Regulatization, Upgradation and Control) Act, 2001 ("said Act"). Mr Dande submits that till date the Corporation has Digitally signed by SANDHYA BHAGU WADHWA Date:

2024.06.28 18:27:42 +0530 SANDHYA BHAGU WADHWA 28th June 2024

28-ASWP-8704-2024.DOC not bothered to dispose of this application or even seek any clarifications from the Petitioners assuming that such clarifications were necessary.

4.

Considering the above submissions, we direct the 1st Respondent Corporation to dispose of the Petitioners application dated 26th March 2019 as expeditiously as possible in any case on or before 23rd August 2024.

5.

The Corporation must hear the Petitioners and Respondent Nos. 2 and 3 before disposing of the application dated 26th March 2019 and pass a reasoned order on the same. This order must be communicated to all the parties on or before 23rd August 2024. 6.

The Petitioners application must be disposed of in accordance with law and on its own merits.

7.

For the order that we propose to make, no prejudice will be caused to Respondent Nos. 2 and 3. In fact, we intend to protect the interest of Respondent Nos. 2 and 3 as well.

8.

The Petition is disposed of with the above direction. There shall be no order for costs.

9.

All concerned must act on an authenticated copy of this order. (Kamal Khata, J) (M.S. Sonak, J) 28th June 2024