Disposed

Shri Deorao S/O Badhuji Bhagat v. Nagpur Improvement Trust through Chairman and Another

Bombay HC23 Jul 2013WP/2002/2013

Case brief

AI extract

What is this about?

High Court directed Nagpur Improvement Trust to independently consider petitioners' claims for regularization under the Gunthewari Act within four months, avoiding reliance on a pending civil suit.

What did the court decide?

Direction to respondents to consider entitlement of petitioners for regularization under the Gunthewari Act within four months.

Shri Deorao S/O Badhuji Bhagat Vs Nagpur Improvement Trust… — Property and Title | Bombay HC (2013)

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WP2002.2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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Writ Petition No. 2002 of 2013

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Shri Deorao S/o. Badhuji Bhagat

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Vs.

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Nagpur Improvement Trust, Station Road, Nagpur, through its Chairman and another

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ALONGWITH

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Writ Petition No. 2037 of 2013

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Shri Wamanrao S/o. Shrawanji Shende

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Vs.

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Nagpur Improvement Trust, Station Road, Nagpur, through its Chairman and another

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Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar's Orders.

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Court's or Judge's orders.

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______________________________________________________________________________ Shri. V. S. Kukday, Advocate for petitioner in both the petitions Shri. S. K. Mishra, Advocate for respondent No. 1 in both the matters

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CORAM : B. P. DHARMADHIKARI & A. S. CHANDURKAR, JJ.

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DATED : JULY 23, 2013.

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Heard learned Counsel appearing on behalf of respective parties.

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Petitioners contend that though question of regularization of plaintiffs in Regular

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WP2002.2013

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Civil Suit No. 1146 of 2010 is being looked into, the application submitted by petitioners for similar treatment is being ignored.

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Shri. S. K. Mishra, the learned Counsel for respondent No. 1, submits that the application of petitioners can be considered independently in accordance with provisions of the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 (hereinafter referred to as “Gunthewari Act”).

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We find that, it is not necessary to go to the judgment delivered by Civil Court as Civil Court cannot be held to have directed to respondents to act contrary to the Gunthewari Act. The respondents have to independently look into claim of petitioners for such regularization. Hence, with direction to respondents to consider entitlement of petitioners in accordance with the Gunthewari Act within a period of four months from today, we dispose of present petition. No costs.

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JUDGE

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JUDGE

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Punde

Shri Deorao S/O Badhuji Bhagat v. Nagpur Improvement Trust through Chairman and Another

Case brief

What is this about?

What did the court decide?

Shri Deorao S/O Badhuji Bhagat v. Nagpur Improvement Trust through Chairman and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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