Sadguru Ventures Private Limited v. Municipal Corporation Of Greater Mumbai

ssm 2-oswp-3847-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3847 OF 2024 Sadguru Ventures Pvt. Ltd.

... Petitioner.

V/s.

Municipal Corporation of Greater Mumbai & Ors.

... Respondents.

Mr. Ajinkya Kulkarni, a/w. Ms. Mansi Powar, for the Petitioner. Ms. Pushpa Yadav, i/b Ms. R.M. Hajare, for Respondent No.1-BMC. Mr. Akshay Shinde, for Respondent No.2.

Mr. Hemant Ghadigaonkar, a/w. Mr. Gurunath R. Sawant, for Respondent Nos. 12, 14,18, 19, 20, 23, 24, 29, 40, 49, 50, 56, 57, 62, 64, 66, 67, 70 & 71.

SHEPHALI SANJAY MORMARE CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 19th MARCH, 2025.

SHEPHALI SANJAY MORMARE Date: 2025.03.25 12:24:18 +0530 P.C.:- 1) Mr. Shinde, learned Advocate appearing on behalf of Respondent No. 2, on instructions submitted that the Competent Authority of Respondent No. 2 has withdrawn impugned Notices dated 29th May 2023 ("Exhibit-F1") and 3rd January 2024 ("Exhibit-I") and has issued a fresh Notice dated 28th October 2024 under Section 79A of the Maharashtra Housing and Area Development Act, 1976 (the MHADA Act"). 2) In view thereof, learned Advocate for the Petitioner, on 1/2

ssm 2-oswp-3847-2024.doc instructions, seeks leave to withdraw the Petition with liberty to impugn the fresh Notice dated 28th October 2024 along with consequential proceedings/Notices issued by the Respondent No. 2 by way of a fresh Petition, as it is a new cause of action.

2.1) Leave and liberty granted.

3) Disposed off as withdrawn with aforesaid liberty. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2