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Bombay High CourtWP/7996/2025disposed off

Shaukatali Abdul Kuddus Choudhari v. Manohar Jangal Gosavi Since Decd Throu. L.H. And ORS

2025-06-27Hon'Ble Shri Justice N. J. Jamadar2 pages

902 & 30 -WPst-19966-2025.doc MJ Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 19966 OF 2025 Shaukatali Abdul Kuddus Choudhari ... Petitioner vs.

Suchitra Sachin Patekar and ors.

... Respondents AND WRIT PETITION NO. 7996 OF 2025 Shaukatali Abdul Kuddus Choudhari ... Petitioner vs.

Manohar Jangal Gosavi Since Decd. Through L. H. and Ors.

... Respondents Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.06.29 22:52:47 +0200 MANGALTAI JAYWANT JADHAV Mr. Surel Shah, senior advocate a/w Chaitanya Nikte a/w Sakshi Thombre a/w Vishal Tiwari i/b Prajeet Sahane for the Petitioner. Adv. Tejas Kapre, AGP for Respondent Nos.2 & 4 in WP/7996/2025 and for Respondent Nos.6 & 8 in WPst/19966/2025.

CORAM : GAURI GODSE, J.

DATED : 27th JUNE 2025 ORDER:

1.

Issue notice for final disposal of the petition at admission stage.

2.

Learned AGP waives service for Respondent Nos.2 & 4 in WP/7996/2025 and Respondent Nos.6 & 8 in WPst/19966/2025. Page no. 1 of 2

902 & 30 -WPst-19966-2025.doc 3.

Notice is made returnable on 9th September 2025. 4.

In addition to Court notice, learned advocate for the petitioner to serve the remaining respondents, by private notice and file affidavit of service before the next date. 5.

Learned senior counsel appearing for the petitioner submits that the impugned order would be without jurisdiction as the reference should have been made to the competent authority. However, the reference was made to the civil Court and the decision is also taken by the civil Court. He points out the amended Section 35 and sub section (a-1) of Section 2 of the Maharashtra Industrial Development Act, 1961. 6.

In view of the aforesaid, there will be ad-interim stay in terms of prayer clause (c) till the next date. 7.

Hamdast granted for Court notice.

(GAURI GODSE, J.) Page no. 2 of 2