Dosti Realty Limited v. The Deputy Commissioner Local Body Tax Thane Municipal Corporation

3-ial 24398-25-modified.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 24398 OF 2025 IN WRIT PETITION (STAMP) NO. 38627 OF 2024 Ostwal and Neumee Developers LLP ... Applicant In the matter between Gaurav Rajendra Acharya ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents .............

Ms. Uma Sharma i/b Dharam & Co. for the Petitioner. Dr. Milind Sathe, Senior Advocate a/w. Mr. Bhavik Manek i/b Sharad Wakchoure for the Applicant/Respondent No.4.

Ms. Usha Rahi, AGP for the Respondent-State.

Ms. Priyanka Chavan a/w. Ms. Sonam Pandey for Respondent Nos.4 & 5MHADA.

CORAM

: G. S. KULKARNI AND MANJUSHA DESHPANDE, JJ.

DATED : 20 th AUGUST, 2025.

P.C. :

1.

Stand over to 21.08.2025 to enable the original petitioner to place on record reply affidavit to the Interim Application as filed on behalf of respondent No.4.

2.

Prima-facie after hearing Dr. Sathe, learned senior counsel for applicant-respondent No.4 and having perused the order dated 09.05.2025 passed by the Hon'ble Supreme Court in the proceedings of Special Leave to Appeal (C) No. 12347 of 2025 (Ostwal and Neumee Developers LLP Vs. Gaurav Rajendra Acharya & Ors.), we are of the Note - This order is corrected as per Speaking to the Minutes of order dt. 21.08.2025. Amk 1/2

3-ial 24398-25-modified.doc opinion that the order dated 13.03.2025 passed by this Court would require modification. We shall proceed to pass appropriate orders after hearing the learned counsel for the parties on the adjourned date. 3.

Dr. Sathe, learned Senior Counsel for respondent No.4 submits that his client is ready and willing to pay an amount of Rs.12 lakhs to the petitioner and on such amount being received, the proposal for Occupation Certificate (O.C.) as filed by the applicant-respondent No.4 on 04.07.2025 be processed.

4.

Let instructions in this regard be taken by the learned counsel for the petitioner and inform to the Court tomorrow i.e. on 21.08.2025. (MANJUSHA DESHPANDE, J.) ( G. S. KULKARNI, J.) Note - This order is corrected as per Speaking to the Minutes of order dt. 21.08.2025. Amk 2/2