The High Court dismissed four writ petitions concerning temporary structure construction. The court disposed of the matters by following a prior decision (WP 8698 of 2012) and noted no authorization was produced.
Petitions were disposed of in terms of the decision in Writ Petition No. 8698 of 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP7893&group_12.sxw
IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7893 OF 2012
Shri Kashinath Maruti Narawade … Petitioner Vs.
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
Mr. Hitesh Vyas i/b. Mr. Shrikant H. Yadav for Petitioners in all Petitions.
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.
CORAM : S. A. BOBDE & R. G. KETKAR, JJ. DATE : 11TH OCTOBER, 2012
P.C.:
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 28th September 2012.
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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.
(R. G. KETKAR, J.)
( S. A. BOBDE, J.)
Minal Parab
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2 issues framed by the court
Whether the petitions should be allowed despite lack of temporary construction permission.
Whether previous permission can be inferred from an assessment order.
Colour shows how this judgement treated each authority
Writ Petition No.8698 of 2012Followed¶4
Writ Petition No.8698 of 2012
Shri Kashinath Maruti Narawade
Shri Ashok Madan Sheth
Shri Baburao Shankar Pansare
Sou. Shilpa Digambar Kad
The State of Maharashtra
S. A. BOBDE
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
