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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
WRIT PETITION NO.4591 OF 2014
Prakash Banaradas Gupta
(since deceased through lrs.)...Petitioners
vs.
Nashik Municipal Corporation
and others...Respondents
Mr.A.V.Anturkar, Senior Advocate i/b Mr.Sugandh
Deshmukh for the Petitioner
Mr.Chaitrali Deshmukh for the respondent Nos.1 to 3
CORAM : A.S.OKA, &
M.S.SONAK, JJ.
DATE : MAY 6, 2014
P.C.:
1The learned senior counsel for the petitioners
on instructions of the petitioner No.2 who is stated
to be present in the Court states that petitioners
are not pressing the petition on merits and the
petitioners desire to apply for regularization of
the offending structure subject matter of this
petition. He states that the application for
regularization will be made within a period of three
weeks from today.
2 Hence, we pass the following order:(I) Writ Petition is dismissed as withdrawn;(II) If an application for regularization in a prescribed form through licesed Architect is made within a period of three weeks from today,2
wp4591
the same shall be considered on merits by the
first respondent;
(III) Appropriate order shall be passed on the application which may be made by the petitioner within a period of two months from the date on which such application is made;(IV) The order passed on the said application shall be communicated to the petitioners or their licensed Architect;(V) Till the communication of the order passed on such application as aforesaid, ad-interim relief granted on 29th April 2014 shall continue to operate;(VI)If the order passed on such application be
adverse to the petitioner, ad-interim relief
granted on 29th April 2014 shall continue to
operate for a period of two weeks from the date
of communication of the said order either to
the petitioners or to their Architect;
(VII) We make it clear that on failure to apply for regularization within a period of three weeks from today, the protection granted under this order shall come to an end;(VIII) We make it clear that we have made no adjudication on the factual controversy and all contentions of the parties are kept open.Prakash Banaradas Gupta
Nashik Municipal Corporation
A.S.Oka
M.S.Sonak
As recorded by the court registry
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