Shri. Ashok Madan Sheth Vs the State of Maharashtra, Urban Development Dept and Ors.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7893 OF 2012

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Shri Kashinath Maruti Narawade … Petitioner Vs.

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The State of Maharashtra & others … Respondents WITH WRIT PETITION NO.7894 OF 2012 Shri Ashok Madan Sheth … Petitioner Vs. The State of Maharashtra & others … Respondents WITH WRIT PETITION NO.7895 OF 2012 Shri Baburao Shankar Pansare … Petitioner Vs. The State of Maharashtra & others … Respondents WITH WRIT PETITION NO.7896 OF 2012 Sou. Shilpa Digambar Kad … Petitioner Vs. The State of Maharashtra & others … Respondents

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Mr. Hitesh Vyas i/b. Mr. Shrikant H. Yadav for Petitioners in all Petitions.

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Mr. C. R. Sonawane, AGP for Respondent No.1-State in all Petitions. Mr. A. A. Kumbhakoni a/w. Mr. G. H. Keluskar for Respondent No.2 in all Petitions.

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CORAM : S. A. BOBDE & R. G. KETKAR, JJ. DATE : 11^TH OCTOBER, 2012

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P.C.:

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It is not disputed that the law governing the circumstances of these Petitions are the same as those in Writ Petition No.8698 of 2012 and other companion matters decided on 28^th September 2012.

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Mr. Vyas, the learned Counsel for the petitioners urged that the petitioners had received a temporary permission under which they had

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constructed the disputed structure. In support of this submission, he referred to an assessment order of the year 2011-2012, which purports to impose tax in respect of certain temporary structure.

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However, it is not possible to draw an inference from the aforesaid document that the structure was authorized. No permission for construction of temporary structure is produced before us.

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Hence, the Petitions are disposed of in terms of the decision dated 28^th September 2012 in Writ Petition No.8698 of 2012 and other companion matters.

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(R. G. KETKAR, J.)

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( S. A. BOBDE, J.)

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Minal Parab

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Shri. Ashok Madan Sheth v. the State of Maharashtra, Urban Development Dept and Ors.

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Shri. Ashok Madan Sheth v. the State of Maharashtra, Urban Development Dept and Ors.

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