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Bombay High CourtWP/1541/2024disposed off

Mangal Bhagwan Harke v. The State Of Maharashtra Through Govt. Pleader

2025-06-26Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Shri Arif S. Doctor2 pages

914-WP 1541-24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1541 OF 2024 Mangal Bhagwan Harke

...Petitioner

Vs The State of Maharashtra &Ors.

...Respondents

_________ Mr. Yashodeep Deshmukh a/w Ms. Vaidehi Pradeep for the Petitioner. Ms. Uma Palsuledesai, AGP for Respondent Nos.1 and 4. Mr. Akshay P. Shide for Respondent Nos.2 and 3-MHADA. Ms. Babita Kesharwani for Respondent Nos.7 & 8. Mr. Milind Borikar, Chief Officer, Mumbai Board is present. __________ Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.06.27 18:48:15 +0530

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

26 JUNE 2025.

MUGDHA MANOJ PARANJAPE P.C.

1.

In pursuance of our order dated 24th June 2025, the Chief Officer of the Respondent-MHADA has issued the provisional offer letter dated 25th June 2025 as also the allotment letter dated 25th June 2025 to the Petitioner allotting Gala No.4,D,10,1010. We are informed that the possession of the said tenement was also handed over to the Petitioner which is also confirmed by Mr. Deshmukh, Learned Counsel for the Petitioner.

2.

We are informed that there are certain terms and conditions in the allotment letter in respect of the method of payment, which is to be made. Mr. Deshmukh, Learned Counsel for the Petitioner, on instructions, states that the Petitioner shall abide by all the terms and conditions in the allotment letter. The statement is accepted.

3.

We may observe that in the peculiar fact and circumstances of the case and as noted by us in our order dated 24th June 2025, we had directed that the possession of the tenement be handed over to the Petitioner. The same shall not hence be treated as a precedent.

26 June 2025 Mugdha

914-WP 1541-24.DOC 4.

In view of the fair stand taken by Respondent-MHADA, which we appreciate, we are of the clear opinion that further adjudication of the Petition does not warrant. Learned Counsel for the parties also agreed to this. 5.

Thus, the Writ Petition is disposed of recording compliance. No costs. 6.

We appreciate the efforts and fair stand taken by the Chief Officer, MHADA, Mumbai Board.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 26 June 2025 Mugdha