Mahendra S/O Jaypal Wanjari v. Bhojraj S/O Raghunath Masram And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 2938 OF 2024 IN WRIT PETITION NO. 6372 OF 2024 (Mahendra Jaypal Wanjari V/s Bhojraj Raghunath Masram & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. R. Borkar, Advocate for Petitioner/Applicant. Mr. R. D. Karode, Advocate for Respondent No.1. Mr. A. A. Madiwale, AGP for Respondent Nos.2, 3 & 5/State.

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CORAM

: ANIL L. PANSARE, J.

DATE : NOVEMBER 18, 2024.

.

Heard.

2.

The grievance is that despite the directions issued by this Court vide order dated 23/10/2024 to the State Government to take up the appeal in terms of the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as also to entertain the application for urgent relief, the State Government is not taking up the appeal so filed by the Petitioner.

3.

The learned AGP shall take instructions from the Secretary, Urban Development Department, Mantralaya, Mumbai and make submissions.

4.

Let the Secretary, Urban Development Department

2/3 6.caw.2938.2024 in wp.6372.2024.odt remain present through V/C at 2.30 p.m. to assist the Court on this point.

5.

Matter is kept back at 2.30 p.m.

(ANIL L. PANSARE, J.) Later on :

6.

Dr. K. H. Govinda Raj, Principal Secretary, Urban Development Department is present through V/C. He submits that the portfolio to entertain the appeal is with the Hon'ble Chief Minister. Considering the present scenario, powers have been delegated to the Hon'ble Minister, Public Works Department (Public Undertaking).

7.

The learned Counsel for Applicant, however, submits that the said Minister was also not available for taking up urgent matters.

8.

The Hon'ble Chief Minister shall make appropriate arrangement to redress the grievance put-forth by the Applicant, so that urgent matters will be taken up at the earliest. 9.

The Secretary shall convey these directions to the Hon'ble Chief Minister. The parties shall appear before the concerned Minister on 25/11/2024 at 11.00 a.m. The Minister concerned shall take up the matter and pass appropriate orders in accordance with law.

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The Civil Application stands disposed of in above terms.

(ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 19/11/2024 11:05:01