Disposed
The Collector of Pune and Ors. v. Shri. Sharad Pandurang Shete
Bombay HCCAW/560/2014
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from the order text
What is this about?
ssp FARAD CONTINUATION SHEET No. IN THE HIGH…
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ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
C.A.W. NO.560 OF 2014 IN W.P.NO.4466 OF 2013,
C.A.W. NO.558 OF 2014 IN W.P.NO.2984 OF 2013,
C.A.W. NO.741 OF 2014 IN W.P.NO.4463 OF 2013,
C.A.W. NO.742 OF 2014 IN W.P.NO.3215 OF 2013,
C.A.W. NO.743 OF 2014 IN W.P.NO.4477 OF 2013,
C.A.W. NO.744 OF 2014 IN W.P.NO.4465 OF 2013,
C.A.W. NO.746 OF 2014 IN W.P.NO.4464 OF 2013,
C.A.W. NO.870 OF 2014 IN W.P.NO.7796 OF 2013,
C.A.W. NO.871 OF 2014 IN W.P.NO.7797 OF 2013,
C.A.W. NO.872 OF 2014 IN W.P.NO.7798 OF 2013,
C.A.W. NO.873 OF 2014 IN W.P.NO.7799 OF 2013,
C.A.W. NO.875 OF 2014 IN W.P.NO.7800 OF 2013,
C.A.W. NO.876 OF 2014 IN W.P.NO.7801 OF 2013,
C.A.W. NO.878 OF 2014 IN W.P.NO.7802 OF 2013,
C.A.W. NO.879 OF 2014 IN W.P.NO.7803 OF 2013,
C.A.W. NO.880 OF 2014 IN W.P.NO.7804 OF 2013,
C.A.W. NO.881 OF 2014 IN W.P.NO.7805 OF 2013,
C.A.W. NO.883 OF 2014 IN W.P.NO.7806 OF 2013,
C.A.W. NO.908 OF 2014 IN W.P.NO.4503 OF 2013.
Office Notes, Office |
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Memorandam of Coram, |
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appearances, Court’s ordersor directions and |
Court’s or Judge’s orders |
Registrar’s orders |
Mr.Nitin Deshpande, AGP for the Applicant
Mr.S.A.Sawant for the Respondent.
CORAM : A.S.OKA, &
A.A.SAYED,JJ.
DATE : APRIL 28, 2014.
P.C.
1The submission of the learned AGP
is that unless the application is made
by the petitioner in the Writ Petition
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in accordance with subsection (1) of
section 16 of the Maharashtra Project
AffectedPersonsRehabilitation
Act , 1999, there is no occasion for issuing a notice as contemplated by subsection (2)(a) of section 16 of the said Act.
2This contention cannot be gone into
in the present applications. So long as
order dated 9th May 2013 stands, the
said argument cannot be considered.
3However, the prayer clause (a)
deserves to be granted without
prejudice to the right of the applicant
of making appropriate application as
regards the order dated 9th May 2010
based on the contention regarding
failure of the original petitioner to
make an application under subsection
(1) of section 16 of the said Act.
4Accordingly, we dispose of the
applications by passing the following
order:
(i)Time granted under the order dated
9th May 2013 to issue notice under
section 16(2) (a) of the said Act, is
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extended till 30th June 2014;
(ii)We make it clear that this order is
passed without prejudice to the rights
and contentions of the applicant to
apply for appropriate relief on the
basis of their contention regarding
failure of the petitioner to make an
application under subsection (1) of
section 16 of the said Act;
(iii)All contentions of the original
petitioners on this aspect are also
kept open;
(iv)Applications are disposed of.
(A.A.SAYED,J)
Applicant
Respondent
A.S. OKA
A.A. SAIED
As recorded by the court registry
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