Jewish Heritage Trust Thr Its Chief Trustee v. State Of Maharashtra Thr Urban Development Dept And ORS
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.211 OF 2023 Jewish Cemetary Trust ... Petitioner V/s.
The State of Maharashtra & Ors.
... Respondent ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.01.03 15:48:11 +0530 WITH INTERIM APPLICATION NO.12737 OF 2024 IN PUBLIC INTEREST LITIGATION NO.211 OF 2023 Jewish Cemetary Trust ... Applicant In the matter between Jewish Cemetary Trust ... Petitioner V/s.
The State of Maharashtra & Ors.
... Respondent WITH INTERIM APPLICATION NO.15525 OF 2024 IN PUBLIC INTEREST LITIGATION NO.211 OF 2023 Mohammed Hanif Abdul Qureshi & Ors.
... Applicants In the matter between Jewish Cemetary Trust ... Petitioner V/s.
The State of Maharashtra & Ors.
... Respondent Mr. A.S. Khandeparkar, Senior Advocate with Mr. Rajas Parandikar, and Mr. Daniel David i/by Raymond Gadkar for the petitioner.
Mr. Prashant Rathod for the applicant in IA/15525/2024.
Mr. Amar Bodke k/by Mr. Rajesh Tekale for respondent No.2.
Ms. Maria Shaikh i/by Mr. Umesh S. Iyer i/by Mr. Jitendra Jagtap for respondent No.4.
Ms. Shital Honde for respondent No.5.
Mr. Raviraj S. Gamare for respondent Nos.6 & 7. CORAM : DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.
DATED : JANUARY 3, 2025 P.C.:
1.
This Court, as far back as on 18 September 2024, required respondent No.2 - Corporation to file affidavit-inreply within two weeks, both to the PIL petition as also to the interim application. However, till date no affidavit-in-reply has been filed on behalf of the Corporation.
2.
The concern raised in this PIL petition is to the alleged encroachment over a cemetery, and accordingly the stand of the Corporation is essential to be taken into consideration for appropriate adjudication of the issue and for issuing directions. However, the Corporation has not yet filed affidavit-in-reply.
3.
Today, a request on behalf of the learned counsel representing the Corporation has been made to adjourn the matter; however, no explanation comes forth as to why affidavit-in-reply as directed by the Court on 18 September 2024 has not been filed.
4.
On the prayer made on behalf of the learned counsel representing the Corporation, stand over to 16 January 2025. To be placed high on board.
5.
The Corporation shall, in the meantime, shall file affidavit-in-reply by 13 January 2025 after serving a copy thereof upon the learned counsel representing petitioner, to which rejoinder-affidavit, if any, may be filed by the petitioner before the next date of listing.
6.
Learned counsel for respondent Nos.6 and 7 are permitted to file affidavit-in-reply within one week from today. Learned counsel for the petitioner is permitted to file rejoinder-affidavit to the affidavit-in-reply filed by respondent Nos.6 and 7 within one week from today.
(AMIT BORKAR, J.) (CHIEF JUSTICE)