Javed Nazeer Shaikh v. Thane Municipal Corporation Thr. The Commissioner And ORS

ssm 37-wp9276.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9276 OF 2024 Javed Nazeer Shaikh .....Petitioner.

Vs.

Thane Municipal Corporation & Ors.

.....Respondents _____________________________________________ Mr. Mayuresh Modgi for the Petitioner.

Mr. Ajit Pitale a/w Adv. Siddharth Pitale and Adv. Ameya Pitale for the Respondent Nos.1 to 5.

Mr. K.B. Dighe, Addl. G.P. a/w Smt. Rupali Shinde for the Respondent Nos.6 and 8.

Mr. Sagar Joshi for the Respondent No.7.

___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 24th JANUARY, 2025.

P.C.:- 1) It is an admitted fact on record that, the directions issued in paragraph No.4 of Order dated 15th July, 2024 is not complied with by the Respondent No.2 till date.

2) Mr. Pitale, learned Advocate for the Respondent-Corporation on telephonic instructions submitted that, Mr. Mahesh Aher is the concerned Assistant Commissioner who has failed to comply with the Order to file the reply within stipulated period.

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ssm 37-wp9276.2024.doc 3) We do not appreciate the conduct of said Officer, however at the profuse request of Mr. Pitale and on his statement that, the concerned Assistant Commissioner i.e. Mr. Mahesh Aher will pay a cost of Rs.50,000/- from his own pocket to the Bombay Bar Association Trust within a period of one week from today, we extend the period to file reply. The said statement is accepted as an undertaking given to this Court. 3.1) Details of the bank account for payment of cost are as under :- Account Name :

Bombay Bar Association Trust Bank and Branch :

Bank of India (Mumbai Main Branch) Account Number :

000110110012175 Type of Account :

Saving A/c.

IFSC Code :

BKID0000001 4) The period to file reply of the concerned Officer will be extended by two weeks from today, as a last chance. 5) Respondent No.2 is directed to produce on record a receipt of payment of cost paid to the said Trust on the next date of hearing. 6) Stand over to 14th February, 2025.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2025.01.24 18:53:50 +0530 SANJIV SHARNAPPA MASHALKAR 2/2