Virendra Ranu Shinde v. Rajkumar Bhausaheb Bhosale Chief Promoter Proposed Mahanagarpalika Shikshak Soc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12567 OF 2024 Rajkumar Bhausaheb Bhosale Chief Promoter Proposed Mahanagarpalika Shikshak Soc.

... Petitioner

Versus

The Commissioner Solapur Municipal Corporation & Ors.

... Respondents WITH INTERIM APPLICATION NO. 13580 OF 2024 IN WRIT PETITION NO. 12567 OF 2024 Virendra Ranu Shinde ... Applicant

Versus

Rajkumar Bhausaheb Bhosale Chief Promoter Proposed Mahanagarpalika Shikshak Society ... Respondents WRIT PETITION NO. 10954 OF 2024 Rajkumar Bhausaheb Bhosale Chief Promoter Proposed Mahanagarpalika Shikshak Society ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents WITH INTERIM APPLICATION NO. 13579 OF 2024 IN WRIT PETITION NO. 10954 OF 2024 Virendra Ranu Shinde ... Applicant

Versus

Rajkumar Bhausaheb Bhosale Chief Promoter Proposed Mahanagarpalika Shikshak Society ... Respondents .............

Mr. Sushant Sudhakar Prabhune for the Petitioner. Mr. Anant Vadgaonkar for the Applicant/Intervener. Mr. N. C. Walimbe, Addl GP a/w. Mr. V. G. Badgujar, AGP for the Amk 1/3

Respondent-State.

Mr. Abhijit Patil i/b J. G. Aradwad (Reddy) for Respondent Nos.1 & 2.

CORAM

: M. S. KARNIK AND N. R. BORKAR, JJ.

DATED : 16 th JUNE, 2025.

ORAL ORDER (Per M. S. Karnik, J.) 1.

Heard. These petitions are inter connected and hence disposed of by a common order.

2.

It is the contention of the learned counsel for the petitioner that the Commissioner of Solapur Municipal Corporation by the communication dated 19.06.2024 informed the petitioner that the tentative layout which was sanctioned in favour of the petitioner on 29.09.2015 was cancelled. According to the learned counsel for the petitioner this cancellation was on account of the erroneous area of subject land which was recorded by the Talathi. Learned counsel for the Applicant/Intervenor submits that the cancellation of layout was not on this ground alone. However, at this stage we are not inclined to deal with these rival contentions. 3.

Suffice it to observe that the application dated 31.12.2016 made by the petitioner to the Tahasildar, Solapur North, District Solapur for area correction which was recorded in the Records of the Talathi is pending and same can be directed to be decided expeditiously by the Tahasildar in any case within a period of three months from 25.07.2025. The petitioner to produce copy of this order before the learned Tahasildar on 25.07.2025 along with copy of this petition and the copy of application dated Amk 2/3

31.12.2026.

4.

After the application is decided and depending on the decision of the Tahasildar on the said application, it is open for the petitioner to then approach to the Commissioner, Municipal Corporation requesting sanction of the tentative layout. The Commissioner shall decide the said application on its own merits in accordance with law without being influenced by the earlier cancellation communicated vide letter dated 19.06.2024.

5.

It is open for the Applicant/Intervenor to approach the Tahasildar seeking necessary reliefs.

6.

Keeping all the contentions open, both the writ petitions are disposed of.

7.

In view of above, both the Interim Applications are also disposed of. (N. R. BORKAR, J.) ( M. S. KARNIK, J.) Amk 3/3