The High Court extended the interim _status-quo_ order for four weeks, allowing the petitioner to approach the competent forum under Section 451 to challenge the adjudication once the communication was received.
Continued interim _status-quo_ order for four weeks; liberty to challenge adjudication under Section 451.
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G.A.Ghule [P.A.]
1/2 wp 7192.13 a.w. ca 1939, 2006, 2007.14 (Sr904).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD.
CIVIL APPELLATE JURISDICTION.
Writ Petition No.7192 Of 2013. Alongwith Civil Application No.1939/14. Civil Application No.2006/14. Civil Application No.2007/14.
Rajkumar Gulabrao Borse :: Petitioner.
V e r s u s
The State of Maharashtra & Ors.
:: Respondents.
Appearance =>
Mr. Aditya Sikchi, Advocate for the Petitioner.
Mrs. A.V. Gondhalekar, Asstt.Govt.Pleader for the State of Maharashtra.
Mr. Nilesh Desale, Advocate for Resp.No.2.
Mr. R.C. Bora, Advocate h/for Mr. A.B. Girase, Advocate for the Intervenor. [ Applicant in Civil Appln.No.2007/14]
Mr. Unmesh Shriram, Advocate h/for Mr. D.S. Bagul, Advocate for the Applicant in Civil Appln.No.1939/14.
CORAM : B.P. Dharmadhikari & A.M. Badar, JJ. DATE : 19th November, 2014.
Per Court :-
Heard respective counsel. In furtherance of court order dated 11th November, 2011. The learned counsel for the petitioner states that, he has still not received order passed below application U/Section 451 of the Bombay Provincial Municipal Corporations Act [ In short, “the Act”.]
2/2 wp 7192.13 a.w. ca 1939, 2006, 2007.14 (Sr904).sxw
[2] The learned Asstt. Govt. Pleader for the State of Maharashtra is seeking time to verify it.
[3] We find that, this court issued notices on 10/09/2013 and status-quo on that date has been granted. That interim order continued to operate even today. On 11th November, 2014, a statement was made that the application of the petitioner was decided and the communication tk-dzukfo@fo;ks&/kqGs@;kphdk@dz-7192@2013@991 fnukad 13@06@2014 signed by Dy. Director, Town Planning, Nashik Divn., Nashik, dated 13th June, 2014 to that effect was taken on record and marked as Exhibit – X.
[4] In the light of these developments, we continue the interim direction for a period of four weeks more with liberty to the petitioner to challenge the adjudication upon his application filed U/Section 451 of “the Act” before the competent forum, in accordance with the Law.
[5] With these directions, Writ Petition is disposed of. Pending Civil Applications are disposed of. No costs.
(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.)
1 issue framed by the court
Whether to continue the interim _status-quo_ order pending adjudication of the application under Section 451.
1 provisions across 1 enactments
Rajkumar Gulabrao Borse
The State of Maharashtra
B.P. Dharmadhikari
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
