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Bombay High CourtWP/4839/2024disposed off

Goenka Infra Projects Private Ltd. v. State Of Maharashtra Through Ministry Of Revenue And Forest

2024-12-18Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4839 OF 2024 Goenka Infra Projects Pvt. Ltd.

.. Petitioner Vs.

State of Maharashtra, Through Ministry of Revenue and Forest and Ors. .. Respondents Mr. Aspi Chinoy, Senior Advocate, with Mr. Sunip Sen and Mr. Sutapa Saha, Advocates, i/by Mr. Swapnil S. Dhage, Advocates for the Petitioner. Ms. Fatima Lakdawala, Assistant Government Pleader for the Respondents. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 18TH DECEMBER 2024.

P.C. :

1.

Mr. Aspi Chinoy, learned Senior Advocate for the petitioner has tendered an affidavit dated 18th December 2024 so as to bring subsequent facts on record. He submits that after the present writ petition has been filed, his client has received a letter dated 27th November 2024 from the Office of the City Survey Officer, Vile Parle, Mumbai stating that the petitioner will have to approach the District Superintendent of Land Records for redressal of its grievance by filing an Appeal. In view thereof, he submits, on instructions, that his client is willing to file an Appeal before the Superintendent of Land Records, Mumbai and further seeks leave to withdraw the writ petition.

1/2 6-WP-4839-2024.doc Dixit

2.

The writ petition is disposed of with following directions :- (a) The petitioner is at liberty to approach the Superintendent of Land Records, Mumbai for redressal of its grievances by filing an Appeal in terms of the communication dated 27th November 2024 received from the Office of the City Survey Officer, Vile Parle, Mumbai.

(b) If such an Appeal is filed by the petitioner within a period of two weeks from today, the Superintendent of Land Records, Mumbai would consider the same by granting an opportunity of hearing to all concerned parties and decide the same on its own merits within a period of three months from the date of filing of such Appeal.

(c) All points on merits are kept open.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date: 2024.12.18 22:34:07 +0530 2/2 6-WP-4839-2024.doc Dixit