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Bombay High CourtWP/6798/2024disposed off

Mr. Kawadu S/O. Yadavrao Bhisikar And Another v. State Of Maha., Thr. Principal Secy., Gruha Nirman Dept./Housing Dept., Mumbai And ORS.

2024-11-25Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 45.wp.6798.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6798/2024 Mr. Kawadu S/o. Yadavrao Bhisikar and Anr.

Vs.

State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. G. Puranik, Advocate for Petitioners.

Mr. S. M. Ukey, Addl.G.P. for Respondent No.1/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 25/11/2024.

.

Heard.

2.

Respondent Nos.4 and 6 allotted tenement in favour of respondent No.7, which is subjected to enquiry by the respondent No.3.

3.

Respondent No.3 vide report dated 07.02.2009, directed an enquiry to be conducted in the matter of fault committed by the then Estate Manager and the Chief Officer of respondent Nos.4 and 6.

4.

It appears that instead of conducting an enquiry as was directed by the respondent No.3, no objection was issued in favour of respondent No.7 to transfer the tenement in favour of petitioner No.2, who in turn now sought no objection for transferring the said tenement in favour of petitioner No.1.

5.

The contentions are, once the no objection is furnished by the respondent - Board in favour of petitioner No.2 and the enquiry being not conducted for last 15 years, there is no reason as to why the no objections

2 45.wp.6798.24 sought by the petitioner No.2 for transferring the tenement in favour of the petitioner No.1 be not deceived or disqualified the claim of the petitioner No.2. 6.

Issue notice for final disposal to the respondents, returnable on 20.01.2025.

7.

Mr. S. M. Ukey, learned Addl.G.P. waives service of notice for respondent No.1/State.

8.

We direct the respondent No.2 to file his own affidavit dealing with the issue of status of the enquiry as was directed by the respondent No.3 vide report dated 07.02.2009.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 26/11/2024 15:03:26